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Muruli vs The State Of Karnataka on 17 April, 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.1547/2018

BETWEEN:

Muruli,
S/o. Chaluvaiah,
Aged about 30 years,
R/at Doddahejjuru Village,
Hunsuru Taluk,
Mysuru District – 577 123.
… Petitioner

(By Sri. B. Lethif, Advocate)

AND

The State of Karnataka,
By Hunsur Rural Police Station,
Mysuru District.
…Respondent

(By Sri.K.Nageshwarappa, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.434/2015 (S.C.No.126/2016) of Hunsur Rural
Police Station, Mysuru District, for the offence p/u/s
498A and 302 of IPC.
2

This Criminal Petition coming on for Orders this
day, the Court made the following:

ORDER

Accused No.1 in S.C.No.126/2016 on the file of

the V Addl. District Sessions Judge, Mysuru, has

sought bail. He is facing trial in relation to offences

punishable under Sections 498A and 302 of IPC.

2. Heard the learned counsel for the petitioner

and the learned High Court Government Pleader.

3. The prosecution case is that on 30.12.2015

at about 06.00 A.M., the complainant saw the door of

his daughter’s house being open. When he went inside

he saw her daughter being dead having sustained

bleeding injury on her neck portion. The petitioner was

not present in the house. It is alleged that there used to

take place quarrel between the deceased and the

petitioner in relation to money matters and therefore,

the petitioner caused the death of his wife.
3

4. As could be made out from the complaint

itself is that there are no eye-witnesses to the incident.

However, since the death occurred inside the house of

the petitioner, he alone has to give explanation as to

what happened when he and his wife were inside the

house. But, this cannot be considered at this stage to

hold that there are prima-facie materials against the

petitioner. The entire case rests on circumstantial

evidence. In this view of the matter, I find at this stage

that there are no prima-facie materials, and therefore,

the petitioner can be enlarged on bail. However, taking

into consideration the fact that the petitioner has to

appear before the trial Court regularly for the purpose of

trial, he needs to be subjected to stringent conditions.

Hence, the following:

ORDER

Petition is allowed.

Petitioner shall be released on bail on obtaining

from him a bond for Rs.1,00,000/- (Rupees One lakh
4

only) and two sureties for the likesum to the satisfaction

of the trial Judge. The petitioner is subjected to the

following conditions:

1) He shall regularly appear before the Court
during trial. If he fails to attend the Court
regularly, the Sessions Court shall take it
seriously for cancellation of bail.

2) He shall not threaten the witnesses and
tamper with the prosecution evidence.

Sd/-

JUDGE

SV

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