Somnath vs The State on 15 December, 2017

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 14TH DAY OF DECEMBER, 2017

BEFORE

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

CRIMINAL PETITION NO.201395/2017

BETWEEN:

Somnath
S/o Vaijinath Jappa,
Age: 35 years,
Occ: Agriculture
R/o Ganesh Nagar,
Lecturer’s Colony,
Bhalki, Tq. Bhalki,
Dist: Bidar-585401.
… PETITIONER

(BY SRI ISWARAJ CHOWDAPUR, ADVOCATE FOR
SRI SHARANABASAPPA K. BABASHETTY, ADVOCATE)

AND:

The State of Karnataka
Through Bhalki Town Police
Dist: Bidar,
Reprsented by Addl. State Public Prosecutor
High Court of Karnataka,
Kalaburagi Bench-585101.

… RESPONDENT

(BY SRI P.S.PATIL, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., PRAYING TO RELEASE THE PETITIONER
ON BAIL IN CRIME NO.186/2017 OF BHALKI TOWN PS.,
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498(A), 306 R/W SECTION 34 OF IPC AND SECTIONS 3
AND 4 OF DOWRY PROHIBITION ACT, PENDING BEFORE
THE PRL. CIVIL JUDGE (SR.DN.) CJM COURT AT
BHALKI.

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

ORDER

Heard learned counsel for the petitioner and

learned High Court Government Pleader for the

respondent – State.

2. The present petition is filed under Section

439 of Cr.P.C. by the petitioner seeking regular bail in

Crime No.186/2017 of Bhalki Police Station, Bidar

District. The offences alleged against the petitioner are

punishable under Sections 498A, 306 read with Section

34 of IPC and Sections 3 and 4 of Dowry Prohibition

Act.

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3. Before proceeding further, it is stated that

accused Nos.2 and 3 in Crime No.186/2017 have been

released on bail by this court. Copy of the order is

produced.

4. To save judicial time, the substance of the

complaint as reflected in Crl.P.No.201098/2017

connected with Crl.P.No.201104/2017 are extracted

below:

The complainant Ganapatrao said to be the father

of Savita, has lodged the complaint against (1)

Somanath, (2) Vaijinath, (3) Sridevi and (4) Shilpa. The

complaint was lodged on 03.08.2017 at 10.30 p.m. The

complainant is the father of (1) Prashant, (2)

Vijayakumar, (3) Sujata, (4) Savita.

The youngest daughter Savita was given in

marriage during the year 2005. It was solemnized at

Temple of Siddeshwar village. Her father has

accommodated residential quarters at Bidar. After some
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time the marriage the husband of Savita, started posing

torture and was joined by parents in law by demanding

dowry to be procured. In this connection the torture had

done out of the limit. The Savita expressed her

grievance before the complainant. It is also stated that

shop was transferred in the name of Sridevi the accused

No.3 who is the mother of accused No.1. Despite the

torture being continued. The marital house was shifted

to Bhalki for not to give torture causing within the limit

in the paternal in law house and sister in law. He stated

that all the accused joined together and murdered the

Savita the daughter of the complainant. Thus the case

was registered for the offence punishable under Section

498 (A) 302 r/w Section 34 of IPC. The final report

under Section 173 is filed for the offence replacing 302

by 306.

Thus the case that was registered for the offence

punishable under Section 498A and 302 of IPC came to

be transformed into one 498A and 306 of IPC.
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5. Learned counsel for the petitioner submits

that the petitioner is the husband of Savita on the one

side and also son of accused Nos.2 and 3 who have

been released on bail by this court.

6. Learned HCGP opposes the bail petition and

seeks for dismissal of the petition.

7. However, under the facts and circumstances

of the case in the light of the investigation being

completed it is a fit case to enlarge the petitioner on

bail. However, apprehension of the prosecution could be

resolved by imposing conditions. Accordingly, I proceed

to pass the following:

ORDER

The petition filed by the petitioner under Section

439 of Cr.P.C. is allowed.

The petitioner is ordered to be enlarged on bail for

the offence punishable under Sections 498(A), 302 r/w

Section 34 of IPC on the following conditions :-
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a) Petitioner shall be released on bail on
executing a personal bond for a sum of
Rs.1,00,000/- with one surety, for the
likesum to the satisfaction of the learned trial
Court.

b) Petitioner shall not terrorize or tamper any of
the prosecution witnesses.

c) Petitioner shall not hold out threats to the
prosecution witnesses or lure them in any
manner.

d) Petitioner shall not involve in any criminal
activities.

e) Petitioner shall attend the trial Court
regularly on all dates of hearing and shall co-
operate with the learned trial Judge to hold
the trial.

f) Petitioner shall not leave the State without
permission from the trial Court.

If the petitioner violates any of the conditions, the

prosecution is at liberty to seek for cancellation of bail.

Sd/-

JUDGE

swk

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