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Judgments of Supreme Court of India and High Courts

Mahesh S/O Virupaxappa Nidavani vs State Of Karnataka on 4 April, 2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 4TH DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRL.P.NO.100286 OF 2018
BETWEEN:

MAHESH S/O VIRUPAKSHAPPA NIDAVANI,
AGE: 27 YEARS, OCC: AGRICULTURIST,
R/O HALAKUSAGAL, TQ.NAVALGUND.

…PETITIONER
(BY SRI.A.A.KALEBUDDE, ADV.)

AND:

THE STATE OF KARNATAKA,
REP.BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH NAVALGUND P.S.,
NAVALDUND, DIST: DHARWAD.
…RESPONDENT

(BY SRI.ANAND K.NAVALGUND, HCGP)

THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C.
SEEKING TO ENLARGE THE PETITONER ON REGULAR BAIL IN
NAVALGUND P.S.CRIME NO.139/2017 UNDER SECTIONS 498A,
302, 304-B R/W 34 OF IPC PENDING ON THE FILE OF THE CIVIL
JUDGE AND JMFC COURT, NAVALGUND.

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

This petition is filed under Section 439 of Cr.P.C.

seeking regular bail in Crime No.139/2017 registered by

respondent-police.

2. Petitioner is accused No.1. Investigation is

completed and charge sheet is laid before the Court.

3. The case of the prosecution is that the deceased

married the petitioner/accused No.1 about three years

earlier to the incident. For about one year she was looked

after well in the matrimonial house. Thereafter, she was

ill-treated and harassed for not bringing sufficient dowry.

It is alleged that about a year back, she had attempted to

commit suicide, however, later she recovered. It is further

alleged that on 23.11.2017, the accused persons murdered

the deceased by strangulating her neck. The postmortem

report indicates that death is due to “hanging causing

asphyxia compression over the traechea”. In the charge

sheet itself, it is alleged that deceased was suffering from

mental ailment and she was under treatment in KIMS

Hospital for the alleged mental ailment. Therefore, taking
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into consideration all the above facts and circumstances of

the case and the investigation itself having been

completed, it may not be proper to extend the custody of

the petitioner solely by way of punishment. Hence, the

following:

ORDER

The petition is allowed. The petitioner is ordered to

be enlarged on bail on furnishing a bond in a sum of

Rs.1,00,000/- (Rupees One Lakh only) with two sureties

for the likesum to the satisfaction of the trial Court,

subject to the following conditions.

i) Petitioner shall appear before the trial Court
as and when required.

ii) Petitioner shall not threaten or lure the
prosecution witnesses and shall not tamper
the evidence.

iii) Petitioner shall not leave the jurisdiction of
the trial Court without prior permission.

Sd/-

JUDGE

MBS/-

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