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MAHESHAN NAGAPRASANNA
B. S. Manju – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
Maheshan Nagaprasanna, J. - The petitioners/accused 2, 3 and 4 are before this Court seeking grant of anticipatory bail pertaining to Crime No. 58 of 2022 registered for offences punishable under Sections 306 and 34 of the IPC, it having been turned down by the VIII Additional District & Sessions Judge, Mysore, sitting at Hunsur in Criminal Miscellaneous No. 451 of 2022.
2. Heard Sri. C.H. Jadhav, learned senior counsel appearing for the petitioners and Sri. V.S. Vinayaka, learned High Court Government Pleader appearing for the respondent.
3. The facts in brief are:
A crime is registered in Crime No. 58 of 2022 on 26.02.2022, on a complaint made by one Smt. B.S. Divya, wife of Manjunatha, alleging that her father Swamigowda had committed suicide on account of the petitioners and accused No. 1 hurling abuses in filthy language on 23-02-2022. The father of the complainant dies by consuming tablets which contained poison. He was immediately shifted to the hospital for treatment and despite receiving medical treatment, the father of the complainant died at about 6.05 p.m. on 26-02-2022. On registration of the crime, the petitioners/accused 2, 3 and 4 approached the learned Session
The main legal point established in the judgment is the requirement of intention and continuous course of conduct by the accused to constitute abetment of suicide under Section 306 IPC.
The main legal point established in the judgment is that the mere conduct of a spouse, even if not up to the expectations of the other spouse, does not necessarily constitute abetment of suicide, and....
The main legal point established in the judgment is that the demand for repayment of a loan amount by the petitioner, as the only allegation of abetment, should be decided during the trial, and the p....
The court emphasized that sending a person to jail should be the last resort and considered the parameters for grant of anticipatory bail, focusing on the nature and gravity of the accusation and the....
Granting of anticipatory bail based on delay in filing complaint, lack of specific allegations, and absence of police interest in investigating the matter.
Anticipatory bail was denied due to serious allegations of harassment leading to suicide, necessitating custodial interrogation for investigation.
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