V.ENKAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.3, 4 and 6 under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Crime No.57/2022 registered for the offence punishable under Sec. 306 read with Sec. 149 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution in brief is that, one Smt. Mahadevi Tubaki, wife of Basappa Tubaki, has filed the complaint stating that, she is the wife of Basappa Tubaki, who had borrowed loan of Rs.5,50,000.00 from Pulakeshi Bank, Head office, Badami, for the purpose of education of his children and he was paying Rs.7,400.00 per month as interest and he had paid the same for 3 years. Since one year, he was unable to pay the installments and the bank officials namely accused Nos.1 and 2 were visiting the house and demanding repayment of the loan and were threatening to take possession of the house and lodge a police complaint. At that time, the deceased Basappa had promised them to repay the loan after selling his agricultural land. He was mentally upset. Further, the said Basappa had raised loan of Rs.60,000.00 from accused No.3. Though he had repaid the said amount, accused No.3 was insisting to pay the further amount and was visiting his house. It is further alleged that Basappa also raised loan from accused Nos.5 to 8 who were also insisting for repayment of loan amount, even though he had repaid the amount borrowed and the interest. Therefore, the deceased was upset with the same. That on 7/6/2022, Basappa committed suicide by hanging and death note was found written on a wedding card indicating the names of the accused. Based on the said complaint, a case came to be registered in Crime No.57/2022 for the offence punishable under Sec. 306 and 149 of IPC against the petitioners and others. The petitioners/accused Nos.3, 4 and 6 apprehending their arrest had filed Criminal Miscellaneous No.5115/2022 seeking anticipatory bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Bagalkot, sitting at Jamkhandi by order dtd. 30/6/2022. Therefore, the petitioners are before this Court seeking anticipatory bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.