Karnataka High Court: K.N. Phaneendra, J. allowed the criminal petition filed under Section 438 of The Code for Criminal Procedure, 1973, seeking bail in the event of his arrest for the offence punishable under Section 306 of Indian Penal Code, 1860 (‘IPC’).
In the present case, the complainant’s father’s dead body was found near Byappanahalli Railway Bridge. Upon examination of the dead body, a piece of paper was found wherein the deceased had mentioned the people (including the petitioner) responsible for his death. It was stated in the complaint that some people owed a total sum of Rs 14, 00,000 to the deceased. A case for the offence punishable under Section 306 of IPC was registered by the police based on the above allegations.
The Court, upon perusal of the facts and evidences, opined that mere allegations in a note did not amount to substantial evidence to convict the petitioner, unless any overt act or any conduct of the petitioner proves so. Therefore, due to lack of concrete evidence, two out of the three petitioners were granted anticipatory bail upon certain conditions. [Noushad Ahmed v. State of Karnataka, 2019 SCC OnLine Kar 2096, decided on 23-10-2019]
