ABHIJITH PATAVARDHAN S/O PANDURANGA PATAVARDHAN Vs. STATE OF KARNATAKA BY CHITRADURGA EXTENSION POLICE CHITRADURGA

JUDGEMENT

(1.) Since these two petitions are in respect of the same crime number and similar questions of law and facts are involved in both the petitions, they are taken together to dispose of them by this common order in order to avoid repetition of discussion of law and facts.

(2.) Crl.P.No. 136/2018 is filed by accused Nos. 1 and 2 under Section 439 of Cr.P.C. and Crl.P.No.135/2018 is filed by accused Nos. 3 and 4 under Section 438 of Cr.P.C. seeking regular bail and anticipatory bail respectively, in respect of the offence punishable under Section 306 r/w Section 34 of IPC registered in respondent police station Crime No. 88/2017.

(3.) Brief facts of the prosecution case are that complainant's son one Mr. Vinay Kumar completed his Bachelor of Engineering degree and he was carrying on construction of a house in chitradurga. On 15.11.2017, at around 9.00 p.m. when the complainant called Mr. Vinay, he did not receive the call and the family members of Mr. Vinay enquired the whereabouts of Mr. Vinay with his friends. They also informed that he has not received their call. Since Mr. Vinay is residing in a different house at Municipal colony, Chitradurga, the family members immediately requested one Mr. Manohar to rush to the deceased's house to find out the whereabouts of the deceased. When Mr. Manohar reached the house of the deceased and when he broke the glass of the window he saw that he was hanging from the roof using a Saree. They immediately broke open the door and took him to the hospital and there they were informed that he is no more. It is also mentioned in the complaint that when they checked the pant of the deceased, there was a letter and in the said letter it was mentioned that the owners of the house which he had taken up for construction i.e., Mr. Abhijit Patavardhan, Mr. Abhishek Patavardhan, Abhinetri Patavardhan and Manjula Patavardhan, used to harass him with respect to financial transaction and due to that he has committed suicide. On the basis of the said complaint, case was registered for the alleged offence.