The High Court of Karnataka allowed the petitioner's criminal petition for anticipatory bail under Section 438 Cr.P.C. in connection with a charge of abetment to suicide filed under Section 306 IPC, finding prima facie no abetment.
The petitioner is enlarged on bail in the event of his arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 6047 OF 2024
BETWEEN:
SURESH SHIVARAM BHAT HEAD MASTER GOVERNMENT HIGH SCHOOL, BYNDOOR AGED ABOUT 55 YEARS S/O. SHIVARAM BHAT R/A: 2-1-35B-38, FLAT NO.207 KALKURA KRISHNA KALSANKA DODDANAGUDDE ROAD KALSANKA, DODDANAGUDDE UDUPI DISTRICT - 576 102
Digitally signed by BHARATHI S Location: high court of karnataka
…PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:
STATE OF KARNATAKA BY BYNDOOR POLICE STATION UDUPI DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY SMT. K.P. YASHODHA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.PC. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.144/2022 OF BYNDOOR P.S. UDUPI FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 OF IPC ON THE FILE OF THE CIVIL JUGE AND J.M.F.C COURT BAINDUR UDUPI DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
The petitioner-accused is before this Court seeking grant of anticipatory bail in Crime No.144 of 2024 of Byndoor Police Station, pending on the file of the learned Civil Judge and JMFC Court, Baindur, Udupi District, registered for the offences punishable under Section 306 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Nagaraja Acharya.
“Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
NC: 2024:KHC:24497 CRL.P No. 6047 of 2024
Head Master alleging non issuance of transfer certificate for the reasons stated above.
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.144 of 2024 of Byndoor Police Station, pending on the file of the learned Civil Judge and JMFC Court, Baindur, Udupi District.
The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his appearance, the Investigating Officer shall enlarge him on bail subject to the following conditions:-
On furnishing the sureties by the petitioner, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by him. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time.
Sd/JUDGE
*bgn/CT:VS List No.: 1 Sl No.: 48
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?
2 provisions across 2 enactments
Suresh Shivaram Bhat
State of Karnataka
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
