Petitioner accused of abetting a farmer's suicide over unpaid arecanut consideration sought regular bail under Section 439 Cr.P.C. The court granted bail on parity with co-accused No.1, who had already been granted anticipatory bail on similar allegations, subject to conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5124 OF 2024
BETWEEN:
H.S HALASWAMY @ HALESHI S/O SIDDAPPA, AGED 54 YEARS OCC: AGRICULTURIST, R/O KAKANURU VILLAGE CHANNAGIRI TQ, DAVANAGERE DISTRICT - 577 552 (NOW IN JUDICIAL CUSTODY)
…PETITIONER
Digitally signed by BHARATHI S Location: high court of karnataka
(BY SRI. K.S. VISHWANATHA, ADVOCATE)
AND:
STATE OF KARNATAKA CHIKKAJAJUR POLICE STATION HOLALKERE CIRCLE - 577 523 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001
…RESPONDENT
(BY SRI. RAHUL RAI .K., HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.119/2024 REGISTERED BY CHIKKAJAJUR POLICE STATION, HOLALKERE CIRCLE, CHITRADURGA FOR THE OFFENCE P/U/S 306 R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.119/2024 of Chikkajajur Police Station, pending on the file of the learned I Addl.District and Sessions Judge, Chitradurga, registered for the offences punishable under Section 306 R/w Section 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Basavaraj H.N.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
accused, I am of the opinion that the petitioner is also entitled for grant of bail on extending the benefit of parity, subject to conditions, which will take care of the interest of the prosecution.
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.119/2024 of Chikkajajur Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/JUDGE
BH List No.: 1 Sl No.: 25
1 issue framed by the court
Whether the petitioner-accused No.2 was entitled to regular bail under Section 439 Cr.P.C. in an abetment of suicide case?
Colour shows how this judgement treated each authority
Criminal Petition No.5148/2024Relied on¶5
2 provisions across 2 enactments
H.S Halaswamy @ Haleshi
State of Karnataka (Chikkajajur Police Station)
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
