Sri.Nagesha vs State of Karnataka

H. Billappa

The petitioner has filed this petition under Sec. 438 of Cr.P.C. praying for grant of anticipatory ball.

It is stated in the petition, the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. The petitioner is ready to abide by all conditions that may be imposed. Therefore, the petitioner has prayed for grant of Anticipatory Bail.

It is alleged, the Accused No. 1 Shankar was married to deceased Shruthi. On 20/1/2010, at about 4.00 p.m., when Shruthi was cooking her saree caught fire and she sustained burn injuries and died. The father of the deceased lodged complainant and a case in UDR No.2/10 was registered. The Tahsildar conducted inquest. The statement of the parents and uncle of the deceased were recorded. They have stated that the accused were harassing the deceased for dowry and they have murdered the deceased by setting fire. Thereafter, a case has been registered against the petitioner and the others in Crime No. 13/10 for the offences punishable under Secs. 498-A, 304, of IPC and Secs. 3 and 4 of D.P. Act. The petitioner is accused No.3.

The learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case and A1, A2, A4 and A5 have been granted bail and therefore, the petitioner can be granted anticipatory bail.

As against this, the learned Government pleader submitted that after investigation charge sheet has been filed and the petitioner was not available for the investigation and therefore, the petitioner cannot be granted anticipatory bail.

I have carefully considered the submissions made by the learned counsel for the parties.

The point that arises for my consideration is;

Whether the petitioner can be granted anticipatory bail?

It is relevant to note, the allegations are the petitioner and the other accused harassed the deceased for dowry and therefore, the deceased has committed suicide. A-1, A-2, A-4 and A-5 have been granted bail. Therefore, the petitioner can be granted anticipatory bail subject to certain conditions.

Accordingly, the petition is allowed and the petitioner is granted anticipatory bail subject to the following conditions.

i) In the event of his arrest in Cr.No. 13/10 of Badanavalu Police Station, Mysore, and C.C.No.32/2010 on the file of Civil Judge (Sr.Dn) & JMFC. Nanjangudu, the petitioner shall be released on bail on his executing a bond for a sum of Rs. 10,000/- with one surety for the like sum to the satisfaction of the concerned I.O. or court.

ii) The petitioner shall not tamper with the witnesses.

iii) The petitioner shall attend the Court regularly on all dates of hearing.

iv) If the petitioner violate any condition, the respondent State can move for cancellation of the Bail.