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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL 2018
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.2132 OF 2018
BETWEEN
Samiulla
S/o. Late. Maboosab,
Aged about 33 years,
KSRTC Bus Conductor
Bagepalli Depot,
Chikkaballapur District,
R/o. 2nd Main,
4th Cross,
Vijay Nagar Badavane,
Davanagere-577001.
…Petitioner
(By Sri. S.G.Rajendra Reddy, Advocate)
AND
The State by S.H.O.
Women Police Station,
Davanagere,
Rep. by S.P.P.,
High Court,
Bengaluru-560001.
…Respondent
(By Sri. K.Nageshwarappa, HCGP)
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This Criminal Petition is filed under Section 439 of
Criminal Procedure Code praying to enlarge the petitioner
on bail in Crime No.167/2017 of Women Police Station,
Davanagere district for the offence punishable under
Sections 498A, 304B, 302, 306, 34 of IPC and Sections 3
and 4 of Dowry Prohibition Act.
This Criminal Petition coming on for orders this day,
the court made the following:
ORDER
Accused No.1 has sought bail under Section 439
Cr.P.C. The respondent police registered a case against
him and two others for the offences punishable under
Section 498A, 304-B, 302, 306 IPC and Section 3 and 4 of
Dowry Prohibition Act read with Section 34 IPC.
2. Heard the petitioner’s counsel and the High Court
Government Pleader.
3. A complaint was made by the mother of the
deceased, viz., Kajal. On 06.09.2012, the marriage of the
petitioner and the deceased Kajal took place at
Davanagere. It is alleged at the time of marriage, the
complainant gave cash of Rs.85,000/-, 10 tholas of gold
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and some household utensils to the petitioner. The actual
allegation is that about six months prior to the filing of the
complaint, the petitioner and his mother started harassing
her by insisting on her to get the site standing in the name
of the complainant transferred to the petitioner’s name.
Further allegation is that on 18.11.2017 at about 6.30
p.m., the brother of the petitioner, Hyderali telephoned to
the complainant an asked her about her sister-in-law i.e,
the deceased. He said that Kajal was not seen in the
house. Immediately the complainant went the petitioner’s
house and when a search was made, complainant’s
daughter was found dead in a water tank.
4. From the complaint itself it can be made out that
the actual allegation about harassment commenced just
six months before the lodging of the complaint. Till then
there was no harassment to the deceased. On earlier
occasion this court rejected bail to the petitioner by
observing that the investigation was still in progress. The
High Court Government Pleader submits that the said
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order was passed on 22.01.2018 but the chargesheet was
filed on 18.01.2018 itself. There is no changed
circumstances.
5. With regard to these submissions of the High
Court Government Pleader, it is to be stated that probably
the charge sheet was not brought to the notice of the court
and this is the reason for this court observing that
investigation was still going on. Now that the investigation
is complete and chargesheet is filed, bail can be granted.
The presence of the petitioner can be secured for the
purpose of trial. There is no chance of his absconding as he
is working as a conductor in KSRTC. Therefore the
following:
ORDER
a. Petition is allowed.
b. Petitioner shall be released on bail in
connection with Crime No.167/2017
registered by Women Police Station,
Davanagere District on his executing a bond
5for a sum of Rs.1,00,000/- (Rupees One Lakh
only) and providing one surety for the likesum
to the satisfaction of the trial Court.
The petitioner is also subjected to the
following conditions:
i. He shall not tamper with evidence;
ii. He shall not directly or indirectly threaten
the witnesses;
iii. He shall appear before the Court regularly
till completion of trial.
Sd/-
JUDGE
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