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Mahadevashetty (A-2) vs The State Of Karnataka on 8 March, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 08TH DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.8016/2017
BETWEEN:

1. Mahadevashetty
S/o Late Puttarangashetty
Aged about 60 years
R/o Chandakavadi village
Chamarajanagar Taluk-571313

2. Smt. Suvarnamma
W/o Mahadevashetty
Aged about 50 years
R/o Chandakavadi village
Chamarajanagar Taluk-571313 … Petitioners

(By Sri Manjunath N D, Advocate)

AND:

The State of Karnataka
Through Chamarajanagara
Town Police Station
Chamarajanagara Dist:571313

Rep. by S.P.P., High Court
Bengaluru – 560 001 … Respondent

(By Sri K. Nageshwarappa, HCGP)
2

This Criminal Petition is filed under section 438 of
Cr.P.C., praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.92/2017 of
Chamarajanagara Town Police Station, Chamarajanagara
District for the offences punishable under Section 498(A),
323 and 504 read with Section 34 of IPC.

This criminal petition coming on for orders this day,
the Court made the following:

ORDER

Heard the petitioner’s counsel and the learned HCGP

for respondent-State.

2. Petitioners are accused Nos.2 and 3 in Crime

No.92/2017, registered at the respondent-police station in

connection with the offences punishable under Section

498A, 323 and 504 read with Section 34 of IPC.

3. One Ramegowda, father of the deceased made

a complaint stating that the accused No.1 and his daughter

were loving each other and married. When his daughter

went to the house of accused, they were ill-treating her.
3

There is a specific allegation that, on 17.05.2017, these

petitioners and accused No.1 assaulted the deceased and

made her to stay outside the house during entire night.

Humiliated by this incident, the complainant’s daughter set

fire herself and committed suicide.

4. Petitioners counsel produces remand

application, in which, it is written that it was accused No.1-

husband of deceased, who uttered some words which led

to committing of suicide by the girl. So far as these

petitioners are concerned, they are parents of accused

No.1. The allegation found against them is that, they

used to assault the deceased. To what extent their

participation was there in the commission of offence is a

matter to be established before the Court by the

prosecution. In addition to it, these petitioners are aged.

Therefore, anticipatory bail can be granted to them.

Hence, the following:

4

ORDER

Petition is allowed.

Petitioners shall be released on bail in
connection with Crime No.92/2017 registered
by Chamarajanagara Town Police Station,
Chamarajanagara District on their executing
bond for a sum of Rs.50,000/- (Rupees Fifty
Thousand only) each and providing one surety
for the likesum to the satisfaction of the
Investigation Officer. The petitioners are also
subjected to the following conditions:

i. They shall co-operate with the Investigating
Officer during investigation.

ii. They shall not directly or indirectly threaten
the witnesses.

iii. They shall not tamper the evidence
collected by the investigating officer;

iv. They shall appear before the Court regularly
for trial, without fail.

Sd/-

JUDGE
KMV/-

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