V SRISHANANDA
H V Omkarappa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri. C.V. Nagesh, learned Senior counsel along with Smt. Swamini G. Mohanambal, learned counsel for the petitioner and Sri. Vinayaka V.S., learned High Court Government Pleader for the respondent-State. Perused the records.
2. Present petition is filed under Section 438 of Cr.P.C. with the following prayer:
'Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to allow this petition, grant anticipatory bail and direct the respondent - police to enlarge the petitioner on bail in the event of his arrest in Crime No.16/2023 dated 23.01.2023 registered by the respondent - Jnanabharati Police, Kengeri Sub-Division, Bengaluru for offences under Section 109, 116, 309 & 306 of IPC pending on the file of IX Additional Chief Metropolitan Magistrate Court, Bengaluru in the interest of justice."
3. The brief facts of the case are as under:
Based on the complaint lodged by Smt. Sindhu G.S., Jnanabharathi Police have registered a case in Crime No.16/2023 on 23.01.2023 initially for the offences punishable under sections 109, 116 and 309 of the Indian Penal Code, 1860(hereinafter referred to as 'IPC' for short).
4. The gist of the complaint
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.
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
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