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RAJENDRA BADAMIKAR
L. Radhakrishna – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
Rajendra Badamikar, J. - This petition is filed by the petitioner under Section 438 of Cr.P.C seeking Anticipatory Bail in the event of his arrest in Crime No.44/2022 of Kalasa Police Station registered for the offence punishable under Section 306 of IPC.
2. Heard the arguments advanced by the learned counsel for petitioner and learned HCGP for State. Perused the records.
3. The complainant is the mother of the deceased and has set the law in motion by lodging a complaint on 27.07.2022 alleging that her son-deceased Sudheer Bandhari was married to one Divya about 7 years back and they had a child of 5 years. It is also alleged that since there was a matrimonial dispute between the husband and wife, Divya is residing in her parental house. It is further alleged that the deceased was running a salon and he had certain financial transactions with the petitioner. It is further alleged that the petitioner used to approach the deceased and used to abuse him demanding the repayment of amount and as such the deceased was mentally upset.
4. The petitioner further alleged that on 27.07.2022 she received a phone call from her son Sunil reporting that the deceased has committed suicide by
The demand for repayment of a loan amount does not amount to abetment or instigation under Section 306 of IPC.
The court considered the lack of evidence and reliable documents to establish the petitioner's responsibility for the deceased's suicide in granting anticipatory bail.
Granting anticipatory bail based on the facts and circumstances of the case and without expressing any opinion on the merits of the case.
Granting of anticipatory bail based on delay in filing complaint, lack of specific allegations, and absence of police interest in investigating the matter.
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