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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 29TH DAY OF JUNE 2017
BEFORE
THE HON’BLE MR. JUSTICE BUDIHAL. R.B
CRIMINAL PETITION NO.100722/2017
BETWEEN:
Gangappa S/o.Neelavva Madar,
Age : 32 years, Occ : Coolie,
R/o.Gojanur, Tq : Shirahatti,
District Gadag.
…Petitioner
(By Sri.Srinivas Naik, Advocate for
Sri.K.L.Patil, Advocate)
AND:
The State of Karnataka,
Represented by SPP
High Court of Karnataka,
Dharwad Bench,
Through Laxmeshwar P.S …Respondent
(By Sri.Praveen K.Uppar, HCGP)
This petition is filed under Section 439 of Cr.P.C
seeking to grant regular bail to the petitioner in Session
Case No.50/2016 on the file of Additional District and
Sessions Court, Gadag (Laxmeshwar Police Station Crime
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No.83/2016) registered for the offences punishable under
Sections 498A, 504, 307 of IPC.
This petition coming on for Orders, this day, the
court, made the following:
ORDER
This petition is filed by the petitioner-accused under
Section 439 of Cr.P.C. seeking his release on bail, of the
alleged offences punishable under Sections 498-A, 504,
307 of IPC registered in respondent Police Station Crime
No.83/2016 and now pending in Session Case No.50/2016
on the file of the Additional District and Sessions Judge,
Gadag.
2. Brief facts of the prosecution case, the wife of the
petitioner herein filed the complaint stating that, their
marriage took place about 9 years back and they have
three children in the wedlock and complainant is residing
with petitioner, his mother and sister at Gojnur. About 2
to 3 years, petitioner addicted to alcohol and he started to
harass the complainant, petitioner used to abuse and
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assault the complainant and in spite of advise by the
parents and elders, he continued his same attitude.
Petitioner was suspecting the fidelity of the complainant, in
this regard on 08.04.2016 at about 6.30 p.m. petitioner
quarreled with the complainant and with a intention to kill
the complainant poured kerosene on the complainant and
lit fire to her, on hearing the hue and cry the neighbours
rushed and admitted the complainant to the hospital. On
the basis of the same case came to be registered for the
alleged offences.
3. Heard the arguments of the learned counsel
appearing for the petitioner/accused and also the learned
HCGP appearing for the respondent-State.
4. I have perused the grounds urged in the bail
petition, FIR, Complaint and the order passed by the
learned Sessions Judge, Gadag rejecting the bail
application. Looking to the materials placed on record
even on a earlier occasion the present petitioner
approached this Court seeking his release on bail and this
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Court by its order dated 06.12.2016 passed in Criminal
Petition No.101542/2016 rejected the bail application but
with the observation that, charge sheet is filed matter is
yet to be commit to the Court of Session and after
committal of the case to the Sessions Court, petitioner is
at liberty to move the Court seeking his release on bail.
Now the learned counsel appearing for the petitioner made
the submission that the matter has been already
committed and it is pending before the Sessions Court in
Session Case No.50/2016. It is also submitted by both
sides that, the complainant has been discharged from the
hospital, it goes to show her condition is safe as of now. It
is submitted by the learned counsel for the petitioner that,
petitioner was apprehended and taken to custody on
09.04.2016, since he is in custody, as the investigation is
already completed, charge sheet is filed, so also the
condition of the complainant is safe and alleged offence
under Section 307 of IPC is not exclusively punishable with
death or life imprisonment, by imposing reasonable
conditions he can be admitted to regular bail.
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5. Petition is allowed. Petitioner/accused is
ordered to be released on bail in Crime No.83/2016
registered by the respondent Police for the above said
offences, subject to following conditions:
i. Petitioner has to execute personal bond
for a sum of Rs.50,000/-, and furnish
one surety for the like sum to the
satisfaction of concerned Court.
ii. Petitioner shall not tamper with any of
the prosecution witnesses directly or
indirectly.
iii. Petitioner shall appear before the
concerned Court regularly.
Sd/-
JUDGE
CKK