Irfan Pasha vs The State Of Karnataka on 12 June, 2017

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12th DAY OF JUNE 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.3921/2017

BETWEEN:

IRFAN PASHA
S/O BABU @ CARPENTER BABU
AGED ABOUT 26 YEARS
R/AT ABADMOHALLA
EDGAMASJID ROAD
PENSION MOHALLA
HASSAN – 573 201. …PETITIONER

(BY SRI PRATHEEP K.C., ADV.)

AND:

THE STATE OF KARNATAKA
REP. BY HASSAN WOMEN POLICE STATION
HASSAN DISTRICT
REP. BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE – 560 001. …RESPONDENT

(BY SRI CHETAN DESAI, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.43/2016 (S.C.NO.194/2016) OF HASSAN WOMEN P.S.,
HASSAN DISTRICT FOR THE OFFENCES P/U/S 498A, 302, 304B
OF IPC AND SEC.3, 4, 6 OF D.P.ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
-2-

ORDER

Heard the learned counsel appearing for the

petitioner/accused and the learned High Court Government

Pleader appearing for the respondent-State.

2. The petitioner is charge sheeted by the

respondent-police in their Cr.No.43/2016 in respect of the

offences under Sections 498-A, 302, 304-B of IPC and

sections 3, 4 and 6 of Dowry Prohibition Act, 1961.

3. The allegation is, the petitioner to quench his

greed for money harassed his wife deceased Ayisha Sideeka

for dowry, owed to finish her off, doused with kerosene

and set her fire on the intervening night of

3.7.2016/4.7.2016. The victim died on 5.7.2016 while on

treatment.

4. Perused the prosecution papers. The statement

of the victim could not be recorded before her death. The

READ  Shripatrao vs State Of Maharastra on 4 August, 1999

statement of the eye witnesses is recorded after a delay of

50 days. As of now, the reason for the delay is not
-3-

forthcoming from their statements. The veracity of the eye

witnesses is yet to pass through the test of trial. In that

view of the matter, there is no impediment to allow the

petition.

Accordingly, the petition is allowed. Petitioner is

enlarged on bail in Crime No.43/2016 of respondent-police,

subject to the following conditions:

(i) He shall execute a self bond for a sum of
Rs.1,00,000/- with local surety for the
likesum to the satisfaction of the
concerned Court.

(ii) He shall attend the Court on all hearing
dates regularly and punctually.

(iii) He shall not terrorize the prosecution
witnesses.

Sd/-

JUDGE
Dvr:

Leave a Comment

Your email address will not be published. Required fields are marked *