Nagesha vs The State Of Karnataka on 9 October, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 09TH DAY OF OCTOBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.6313/2017

BETWEEN:

NAGESHA,
S/O CHOCHCHANA KULLANNA RAMEGOWDA,
AGED ABOUT 40 YEARS,
R/OF HUNSAGAHALLI VILLAGE,
T.NARASIPURA TALUK,
MYSURU DISTRICT- 570 001.
… PETITIONER
(BY SRI K.L.SREENIVAS, ADV.,)

AND:

THE STATE OF KARNATAKA,
R/BY BANNUR POLICE STATION,
T.NARASIPURA TALUK,
MYSURU DISTRICT-570 001.
REP. BY STATE PUBLIC PROSECUTOR,
OFFICE OF THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560001.
…RESPONDENT
(BY SRI.CHETAN DESAI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.245/2017 OF BANNUR POLICE STATION,
MYSURU DISTRICT FOR THE OFFENCE P/U/S 504, 498(A)
307 OF IPC.
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THIS CRIMINAL 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

for the offences punishable under Sections 504, 498A,

307 of IPC registered in respondent – police station

Crime No.245/2017.

3. Heard the arguments of the learned counsel

appearing for the petitioner/accused and also the

learned High Court Government Pleader appearing for

the respondent-State.

4. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials produced

by the petitioner along with the petition.
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5. Looking into the complaint averments, the

wife of the present petitioner is the complainant wherein

she has stated that the petitioner was harassing his wife

subjecting her to cruelty demanding to bring property

from her parents, and on 08.07.2017 there was quarrel

between the petitioner and his wife, and as such his

wife took shelter for the entire night in the house of the

neighbour Uma. The petitioner noticing that came to

the neighbour’s house at about 6.45 A.M. on the next

morning i.e. 09.07.2017 abusing his wife assaulted on

her head with the stone and when she screamed, her

friend Uma and her father came and pacified the

quarrel. She was taken to hospital for treatment. On

the basis of the said complaint, case came to be

registered for the said offences.

6. As submitted by the learned counsel

appearing for the petitioner / accused, the injured has
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already been discharged from the hospital on the very

day. This goes to show that life of the petitioner’s wife is

safe and not in danger. The alleged offence under

Section 307 of IPC is though non-bailable in nature but

not punishable with death or imprisonment for life.

7. The petitioner has contended that he is

innocent of the alleged offence and has not committed

the said offence and he is falsely implicated and he has

undertaken to abide by any conditions to be imposed by

this Court.

8. Accordingly, petition is allowed.

Petitioner/accused is ordered to be released on bail for

the offences punishable under Sections 504, 498(A),

307 of IPC registered in Crime No.245/2017 subject to

the following conditions:

i. Petitioner has to execute a personal
bond for Rs.50,000/- and has to
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furnish one surety for the likesum to
the satisfaction of the concerned Court.

ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

iii. Petitioner has to appear before the
concerned Court regularly.

Sd/-

JUDGE

UN

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