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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.1940 OF 2018
BETWEEN:-
BASAVARAJAPPA
S/O SIDDAPPA,
AGED ABOUT 45 YEARS
AGRICULTURIST,
R/A DODDIBEERANAHALLI VILLAGE,
SAKARAYAPATNA HOBLI,
KADUR TALUK
CHIKKAMAGALURU DISTRICT-577548
… PETITIONER
(BY SRI: MANJUNATH N D, ADVOCATE)
AND:-
THE STATE OF KARNATAKA
THROUGH SAKHARAYAPATNA P.S,
CHIKKAMAGALURU DISTRICT-577548
REP BY SPP HIGH COURT OF KARNATAKA,
BENGALURU-560 001
… RESPONDENT
(BY SRI: S.VISHWA MURTHY,HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.4/2018 OF
SAKKARAYA PATNA POLICE STATION, CHIKKAMAGALURU
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DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498A,302,306 R/W 34 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Petitioner is the husband of deceased-Shobha. Their
marriage was performed about 10 years earlier to the incident.
In the wedlock, the deceased had given birth to two children. It
is alleged that in the matrimonial home, the deceased was being
harassed and ill-treated. About two months earlier to the
incident, she had been to the land to graze cattle and at that
time, she fell down and on seeing this, the husband of the
deceased viz., petitioner herein and the in-laws of the deceased
not only taunted the deceased, but also cursed her to die. Being
unable to bear the cruelty and the provocation alleged to have
been made by the accused persons, on 10.01.2018, between
3.00 p.m. to 5.00 p.m., the deceased strangulated her two
minor children and also hanged herself and committed suicide.
2. The charges of murder under section 302 Indian Penal
Code have been foisted against the deceased and an abatement
charge sheet has been filed against her. Insofar as the present
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petitioner and his parents are concerned, charge sheet is filed
under Sections 306, 498-A r/w 34 Indian Penal Code. The
investigation is completed.
3. Having regard to the circumstances in which the alleged
incident has taken place and there being no circumstances which
would prompt the petitioner either to flee from justice or to
tamper with the eyewitnesses, I am of the view that the custody
of the petitioner is not required to be extended solely by way of
punishment. The petitioner deserves to be admitted to bail
subject to conditions.
4. Hence, the following order:-
a) Petitioner is ordered to be enlarged on bail on
obtaining 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
jurisdictional court.
b) Petitioner shall appear before the court as and
when required.
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c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever manner.
d) Petitioner shall not get involved in similar
offences.
e) Petitioner shall not leave the jurisdiction of the
Trial Court without prior permission of the Trial
Court.
Sd/-
JUDGE
*mn/-
