Judgment:
1. Apprehending his arrest by the Kamakshipalya Police Station, Bangalore in connection with the case in Crime No. 149/2012, registered for the offence punishable under Section 306 of the Indian Penal Code, the petitioner has sought for relief of anticipatory bail.
2. According to the prosecution, on the task of the complaint lodged by one Ravi D. son of late Doddaiah on 06.03.2012, the aforesaid case came to be registered and investigation was taken up. The sum and substance of allegations made in the complaint are, he is a close relative of the deceased Padma, who had been married to one Nagaraju about 26 year's ago and from out of the said wedlock she had given birth to a son named. Anand, who is presently aged about 25 years; that on account of certain differences, the deceased left her husband Nagaraju about 10 years also but there was no legal divorce and thereafter, she started residing with the petitioner herein, in flat No.258 of Krishna Apartment. Simmon Colony. Kamakshipalya that few years later, she started visiting her husband Nagaraju and on seeing this, the petitioner started objecting for the same; petitioner was abusing her in filthy language. threatened to kill her husband and her son, if she visit her husband's house; the petitioner was telling the deceased that it is better to die rather than visiting her husband's whom she had deserted. In that background, it is alleged in the complaint that the said Padma committed suicide on 05.03-2012 in the house where she was residing with the petitioner herein.
3. On coming to know of the registration of the case, the petitioner approached the learned Sessions Judge for relief of anticipatory bail. However, the said petition came to be rejected. Therefore, the petitioner is before this Court.
4. The petition is opposed by the respondent - State.
5. I have heard born sides. Perused the records made available.
6. As noticed supra, the petitioner has been arraigned as accused in the case registered by the respondent - Police for non-bailable offence. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded.
7, Perusal of the allegations made in die complaint does- not prima facie indicate that this petitioner was in any way abated the commission of suicide by deceased Padma. Of course, at this stage there are reasonable grounds to believe that the deceased Padma has met suicidal death. However, the materials available on record do not prima facie indicate that the petitioner has abated the said commission of suicide by the deceased Padma attracting the offence punishable under Section 306 of the Indian Penal Code, in this view of the matter, the petitioner is entitled for the relief of anticipatory bail-
8. Hence, the petition is allowed. The respondent - Police are hereby directed to release the petitioner on bail, in the event of his arrest in connection with the case in Crime No, 149/2012 of Kamakshipalya Police Station, en his executing a personal bond for a sum of Rs.25,000/ - with one surety for the like sum to the satisfaction of the Investigating Officer and subject to further conditions that,
i) Upon such arrest and release, the petitioner for the purpose of investigation shall appear before the Investigating Officer whenever called upon to do so and co-operate in the investigation of the case.
ii) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner.