High Court Karnataka High Court

Sri Sri Balayogi Madhumayananda … vs The State Of Karnataka on 11 November, 2010

Karnataka High Court
Sri Sri Balayogi Madhumayananda … vs The State Of Karnataka on 11 November, 2010
Author: N.Ananda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 1 1'?" DAY OF NOVEMBER 

BEFORE

THE HONBLE MR.JUSTICE N. AN,«.N;;A '-if:  '

CRIMINAL PETITION :No.4:8?%i«Mu20.:i.Q'----. "   d i-- T 3

BETWEEN:   ._ * 
Sri.Sri.Ba1ayogi Madhumayana11dér.Swan1iji._ ' .
Peetadhipathi  " 

Sarvajna Sadhararna Peeta

Munirabad V ' 

Koppa1Taluk and District  _  V  A i 

Branch Mutt : Vanakailu Malleshwara E{she'tra 

Sompura Hobli    V. '  "
Ne1amanga1aTa'n;k-~_  V     

Bangalore Rura1E?i~striet;--A  ' ~    ...Petitioner

{By  Sr. s.My1araiah Associates,

Advoc_ates_}_ 

The State of Kamattaka'   _ 

By DabaspetiPoIi'ee Station '

Ne1amangaiaTa1uk_ _ , V

Bangalore Rural Di'stric'*:.  Respondent

' '  - o {By"Sr:;<.r1;a;zakum§:£":\/Iggage, HCGP)

 --  ufpeetiitgon is filed under section 438 Cr.P.C., praying to

 ._ei.11af-trgVe«the petitioner on bail in the event of his arrest in Cr.

No 147 / 201 Oiiof Dabaspet   Poiice Station, Nelamangala Taluk,
Bénga.i_'ore.{R) District, registered for an offence punishable under

section'{f$06 IPC.

  This petition coming on for orders this day, the Court made
 "thesfollowing:



Ix)

ORDER

The petitioner is arrayed as accused

No.14″? /2010, registered for an offence

section 306 IPC.

2. 1 have heard Sri A.B.Pati1,:=.a1earne.d senior”-coiifnselifor

petitioner and Sri Vijaykumar Majage,

State. I have been taken througiijnivestigatipon frecords.

3. As per first invfofiiiation one Siddaraiu, the
petitioner, who is :.,poI:”«.,”/é$ifi–a71:al1u Malleshwara

Kshetra, Sofnpu1fi*a’_VIioio1i,€_Ne1arnangaia”‘i’a1uk. was indulging

in soarne iactivities and the was bringing ladies to the
Math. Tifie’deceasedfdiddhajgiogananda Swarny was the junior

swamy of Mutt was disgusted with the behaviour

p0;.{he-e:pei::ion¢f;”e”‘s'(5’ also the public. The petitioner had

deceased that he was anointed by him and had

‘th:reatenedE–.V.ihe deceased dire consequences to his life. On

accouvnf; of conduct of petitioner, the deceased committed

‘suicide in Vanakallu Malleshwara Kshetra.

4. As against this version of investigation, the petitioner
has come up with another version that the personsfw’ho are

interested in grabbing properties of said mutt

the deceased and Eodged first infonnation’~..V.ag:ain’st tithe’

petitioner to mis~direct themMinVestigation.§’–_x the

circumstances, petitioner is apprehending aifresit “in’=.4C1*ime.g

No.14?/2010 for an offencei”pbi11i.shabie._nnri;3rxs;eetion 30’EV3V
IPC. _ _

5. Though in the he stated that the
deceased wasbeing harassment by the
petitioner; .. _:of__ harassment are stated.
Therfiis ‘no proximity of incident and the so
cailed mental The contents of post–mortem

examination wouid reveal Eigature mark around the neck of

» per inquest report, Eigature used was a black

and dead body was found hanging from

the bariofiiiventilator of the roof. The matter is still under

V ‘*i:1vf_estigation. At this stage of the case, there is no prima

facie materiai to show that petitioner was

~97»

Vanakallu Malleshwara Kshetra either on the date of

incident or on the previous date of incident. ffher’efore,

without going into further details, direction is

granted for a limited period to enable to seeker»

bail before jurisdictional Court.

6. The criminal petition accepted. it .

I.

If the petitioner is__ai1rested bv’£)«ab_aspfet Police in
connection.iifovigtlfi,L 47/2010, for an

offence punishabietg 306 IPC, he

H released on jbvaillonllexecuting a bond for

at {Rupees Fifty Thousand

a surety for the like sum.

be petitioner for the purposes of investigation
_5ha11fV”Wappear before Investigation Officer

wlfiienever called upon to do so.

The petitioner shali not intimidate or tamper

with prosecution Witnesses.

,’\j .

This order would be operative for a periorlof two
months from today, within such timel,”

shall seek regular bail

Court. In such an cit/en’t;’ tl_v1<?::_le-':.11*i7l_éd_xtliifige of ii

the jurisdictional Cot;tr:t'._

application with.o:i1t being by

observati o"n.$ madél initlails" – order. V"

before ' -. j .1.115i_SdiCtior1la_&l ' 'w