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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:
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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
statement of the eye witnesses is recorded after a delay of
50 days. As of now, the reason for the delay is not
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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: