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Judgment
K.S. Mudagal, J
Since these matters arise out of Crime No.78/2020 of Vijayanagar Police Station, Bengaluru, they are taken up for disposal by this common order.
Petitioner in Crl.P.No.2195/2020 is accused No.1 and petitioner in Crl.P.No.2199/2020 is accused No.2 in the aforesaid case. Both of them are son
and father.
Vijayanagar Police have registered Crime No.78/2020 against the petitioners for the offences punishable under Section 306 of IPC and Sections 38
and 41 of the Karnataka Money Lenders Act, 1961 and Sections 3 and 4 of the Karnataka Prohibition of Exorbitant Interest Act, 2004 on the basis of
complaint of one Darshan.
It is alleged that the father of the complainant had borrowed loan of Rs.1,10,00,000/-from accused and they were harassing him for repayment of
the said loan. It is further alleged that being frustrated by that, on 19.03.2020 at 8.30 p.m. the parents of the complainant committed suicide in their
house. It is alleged that the petitioners abetted the commission of the suicide.
Accused No.1 is arrested. Accused No.2 is apprehending his arrest in the said case. Therefore, they have filed these petitions for grant of bail and
anticipatory bail. The maximum punishment prescribed for major offence is imprisonment upto ten years. The only motive for the alleged offence is
loan transaction. Motive is double edged weapon which may not justify pre-trial incarceration. Already suicide note and other material evidence are
recovered. Under the circumstances, these are the fit cases to grant bail and anticipatory bail. The petitions are allowed.
The petitioner in Crl.P.No.2195/2020 is granted bail in Crime No.78/2020 of Vijayanagar Police Station, Bengaluru, subject to the following conditions:
(i) Petitioner shall execute personal bond in a sum of Rs.1,00,000/- with two sureties in the like sum to the satisfaction of the trial Court.
(ii) Petitioner shall appear before the Court as and when required for the trial.
(iii) Petitioner shall not tamper the prosecution witnesses in any manner.
Petitioner in Crl.P.No.2199/2020 is granted anticipatory bail in Crime No.78/2020 of Vijayanagar Police Station, Bengaluru. If he is arrested in the said
case, he shall be released on bail subject to the following conditions:
(i) Petitioner shall appear before the Investigating Officer within one week from the date of exiting of the declared lock down or within one month
whichever is earlier.
(ii) Petitioner shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating
Officer/Jurisdictional Court for his appearance.
(iii) Petitioner shall not tamper the prosecution witnesses by threats, inducement or otherwise.
(iv) Petitioner shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
In view of disposal of the petitions, pending I.As stood disposed of.
Registry shall communicate this order to the jurisdictional Court.