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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.101183/2017
Between:
1. Narayan S/o.Ravaji Salagude,
Age : 50 years, Occn:Agriculture,
R/o.Asangi, Tq : Jamakhandi,
Dist:Bagalkot.
2. Raju S/o.Narayan Salagude,
Age : 25 years, Occn : Household work
And Agriculture,
R/o.Asangi, Tq : Jamakhandi,
Dist : Bagalkot.
…Petitioners
(By Sri.Prashant S.Kadadevar, Advocate)
And:
The State of Karnataka,
Rept. By its High Court Pleader,
High Court of Karnataka,
Dharwad Bench,
Through its Banahatti PS,.
…Respondent
(By Sri.Praveen K.Uppar, HCGP)
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This criminal petition is filed under Section 438 of
Cr.P.C. seeking to grant anticipatory bail by directing the
respondent police to enlarge the petitioners/accused No.2
and 3 on bail in the event of their arrest in Crime
No.2/2017 in Banahatti Police Station for the offences
punishable under Section 498A, 306 read with Section 34
of IPC by allowing the petition.
This petition coming on for Orders this day, the
Court, made the following:
ORDER
This petition is filed by petitioners/accused Nos.2
and 3 under Section 438 of Cr.P.C. seeking anticipatory
bail to direct the respondent-police to release the
petitioners on bail in the event of their arrest for the
alleged offences punishable under Section 498A, 306
read with Section 34 of IPC registered in respondent-
police Station Crime No.2/2017.
2. Brief facts of the prosecution case as per the
complaint averments that, one Smt.Shantabai-the
mother of the deceased lodged the complaint alleging
that, she is having three daughters and a son, in which
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the daughter named Malashree aged about 25 years was
given in marriage to Narayan/accused No.1 about six
years back, due to marital life her daughter having the
issues one daughter and one son, earlier her daughter
led happy marital life, after issue of a son then her
husband and petitioners started to harass her as she is
not properly cooking and she does not know the
household work, Malashree informed the same to the
complainant and her husband, then they advised to the
accused No.1 and petitioners not to do so, but they
continued to harass the deceased-Malashree. Further
allegation that, on 04.01.2017 at about 6.00 p.m. her
relatives namely Pandu Salgude telephonically informed
to the complainant that, her daughter died due to low BP
and also informed to come early for funeral, if not they
will perform the funeral. Then complainant and her
husband and other relatives went to the said village and
saw her daughter’s dead body was kept and saree was
tied to the neck. Thereafter complainant show the mark
on her neck enquired, they told that her daughter was
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committed suicide at about 5.00 p.m. and accused No.1
and petitioners saw her, immediately taken her to the
hospital, but the doctor declared as she already dead.
Then they taken her dead body to the house. On the
basis of the said complaint, case came to be registered
for the said offences against the petitioners and also the
accused No.1.
3. Heard the learned counsel appearing for the
petitioners/accused Nos.2 and 3, so also the learned High
Court Government Pleader for the respondent-State.
4. Learned counsel for the petitioners made the
submission that, she gave birth to one daughter and one
son in her marital life. Marriage was also performed
about six years back. Therefore, the learned counsel
made the submission that, that itself goes to show that
the accused persons treated the deceased properly. False
allegations made against them, they have not involved in
committing the alleged offences. Hence learned counsel
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submitted, by imposing reasonable conditions petitioners
may be admitted to anticipatory bail.
5. Per Contra, the learned High Court Government
Pleader made the submission that, looking to the
allegations in the complaint they goes to show that
petitioners and the husband of the deceased were not fair
enough to gave the correct message to the complainant
and it was wrongly informed that she died because of the
low BP, he also made the submission that they came to
said village and after seeing her neck by removing the
saree there were ligature mark, hence he made the
submission that, that itself goes to show the guilty mind
of the accused persons in suppressing the true facts, he
also submitted that, matter is still under investigation,
hence at this stage petitioners are not entitled to be
granted with anticipatory bail.
6. I have perused the grounds urged in the bail
petition, FIR, complaint and order passed by the learned
Sessions Judge rejecting the bail application. Looking to
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the materials placed on record and the opinion of the
doctor that, it is case of strangulation the death has been
caused. The matter stills under investigation, therefore at
this stage without making any comments on the merits of
the case. The petition is disposed of with a liberty to the
petitioners to approach the concerned Court after
completion of investigation and filing of the final-report.
Sd/-
JUDGE
CKK