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Judgment
S Vishwajith Shetty, J
Accused No.1 in Crime No.245/2024 registered by Mico Layout Police Station, Bengaluru City for the offence punishable under Section 306 of IPC is before this Court seeking regular bail.
Heard the learned counsel appearing for the parties.
FIR in Crime No.245/2024 was registered by Mico Layout Police Station, Bengaluru City against the petitioner and his parents for the aforesaid offence on the basis of first information dated 26.06.2024 received from Sri Shankar Lal Prajapath, who is the father of deceased. During the course of investigation, the petitioner was arrested on 26.06.2024 and remanded to judicial custody.
The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.6083/2024 was dismissed on 03.08.2024.
Therefore, he is before this Court.
Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that allegation against the petitioner is that he was not allowing his wife to speak over phone with her friends. There is no other serious allegation against him. The petitioner is an engineering graduate working in a multinational company. He is ready and willing to cooperate for the purpose of investigation. Accordingly, he prays to allow the petition.
Per contra, learned HCGP has opposed the petition on the ground that that investigation in the case is under progress.
The material on record would go to show that the marriage of the petitioner and deceased Divya Prajapat was solemnized on 31.01.2024 and thereafter they lived together as husband and wife in a rented premises at Bengaluru. On 25.06.2024 Divya had committed suicide by hanging herself to the ceiling fan in the said house. The first informant has alleged in the first information that a week prior to Divya committing suicide, she had informed over phone that for petty issues, the petitioner used to quarrel with her and he was not allowing her to talk with her friends over mobile phone. Except the aforesaid allegation there is no other allegation found in the first information against the petitioner. Undisputedly, he has no criminal antecedents. He is an engineer working in a multinational software company. He has undertaken to cooperate with the Police for the purpose of investigation. Accused Nos.2 and 3 have been already enlarged on bail in the present case. Considering the nature of allegations found in the first information against the petitioner, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
Accordingly, the following:
ORDER
The petitioner is directed to be enlarged on bail in Crime No.245/2024 registered by Mico Layout Police Station, Bengaluru City for the offence punishable under Section 306 of IPC, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses and he shall cooperate with the police for investigation.
d) The petitioner shall not involve in similar offences in future;