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Sri Madhugiri @ MadhuKumar @ Giri vs State of Karnataka

Karnataka High Court · Decided on 28 February 2011 · Citation: (2011) 02 KAR CK 0122

HON’BLE JUDGES
A.S. Pachhapure, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 306
CASE NUMBER
Criminal Petition No. 120 of 2011
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Judgment

12 paragraphs · 365 words

A.S. Pachhapure, J.—The Petitioner has approached this Court seeking bail under the provisions of Section 439 of Code of Criminal Procedure having been arrested for the offence punishable u/s 306 of IPC.

2.

The facts reveal that the deceased Sakamma @ Sangeetha was the wife of fee Petitioner and after the marriage, they lived happily for sometime The Petitioner husband used to attend the house once in a week and used to quarrel with the deceased. It is in these circumstances, that the deceased was upset and she is said to have committed suicide. A complaint in this regard was filed by her sister Girijamma in Crime No. 314/2010 of H.S.R Lay-out Police Station.

3.

The Petitioner had submitted an application for bail before the Session Judge (FTC-XV) at Bangalore and the same has been rejected and it is in these circumstances he has approached this Court.

4.

Taking into consideration the nature of allegation against the Petitioner though the deceased has committed suicide, the question as to whether there was cruelty or otherwise is a matter which will be taken into consideration during the course of trail. The offence as such is punishable with the imprisonment for 10 years. So taking into consideration of nature of allegation made, the material placed on record and as there is no possibility of abscondence of the Petitioner, I am of the opinion that it is a fit case, where bail is to be granted.

5.

For the reasons stated above, I proceed to pass the following.

ORDER

The petition is allowed.

The Petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs. 50,000/-with one surety for the likesum to the satisfaction of the Jurisdictional Magistrate with the further following conditions.

(i) That the Petitioner shall be made available for interrogation by the police as when he is required.

(ii) He shall not threaten directly or indirectly to any person acquainted with. the facts of the case to dissuade him from disclosing any facts to the Court or to the Police Officer.

(iii) He shall attend the Court as and when directed.

6.

The petition is accordingly disposed of.