MANOHAR A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned HCGP. Learned HCGP has not filed any statement of objections, but has orally opposed the petition.

(2.) This petition is filed under section 438 Cr.P.C. seeking anticipatory bail in Cr.No.360/2019. The case is registered under section 306 of IPC based on the complaint lodged by the son of the deceased alleging that on 15.11.2019, at about 5.10 a.m., when the wife of the complainant knocked the door of the house of the parents of the complainant, they did not open the door and hence, the wife of the complainant opened the door with the spare key available in the house and found both mother as well as father of the complainant lying dead. Their mouths were oozing blood and when he alerted the relatives, they found a death note written in Tamil language on the table, wherein it was stated that one Manohar was the cause for the deceased to end her life. In the said death note, two telephone numbers were mentioned and it is stated that the person who scribed the said death note was contacting Manohar from the said phone numbers.

(3.) The matter is under investigation. According to the complainant, he was unable to read Tamil and therefore, he got the said letter transcribed through one Kodanda. Whether the writings are that of the deceased is yet to be ascertained. It is not clear as to whom the said death note is attributed. Handwriting of the deceased is also required to be ascertained. The cause of death is also not ascertained as yet as the opinion regarding cause of death is kept pending awaiting FSL report. Under the circumstances, merely on the basis of the alleged death note wherein the petitioner has been implicated cannot be a good reason to deny bail to the petitioner. The said death note does not make reference to any immediate provocation for the deceased to commit suicide. It is also not forthcoming in the said death note as to what prompted the other spouse to commit suicide. In the wake of all these circumstances, in my view, it is necessary to admit the petitioner to anticipatory bail subject to conditions.