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Siddappa vs The State Of Karnataka on 15 June, 2018

1 Crl.P.No.200362/2018

IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH

DATED THIS THE 15TH DAY OF JUNE, 2018

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.200362/2018

BETWEEN:

Siddappa S/o Shankreppa,
Age : About 25 Years,
Occ : Driver,
R/o Ferthatabad,
Tq. Dist. Kalaburagi-585 108.

… Petitioner
(By Sri Biradar Viranagouda, Advocate)

AND:

The State of Karnataka,
Through Ferthatabad Police Station,
Kalaburagi – 585 108.
… Respondent
(By Sri Mallikarjun Sahukar, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner/accused No.5
on bail in crime No.6/2018 of Ferthatabad Police
Station, Tq. Dist. Kalaburagi, for the offences
punishable under Sections 143, 147, 504, 302, 304B,
2 Crl.P.No.200362/2018

201, 149 of IPC, which is pending before the II Addl.
Civil Judge (Jr.Dn.) JMFC, Kalaburagi.

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

ORDER

Heard.

2. Petitioner is accused No.3 in Crime

No.6/2018 of Ferhatabad Police Station, which is now

pending in CC No.2634/2018 before the 2nd Addl. Civil

Judge and JMFC, Kalaburagi. Petitioner and nine

others are charge sheeted in the said case for the

offences punishable under Sections 143, 147, 504,

498A, 304B, 302, 201, 114 read with Section 149 IPC

and Sections 3 and 4 of the Dowry Prohibition Act.

3. Accused No.1 was married to victim

Bhagyashree about six years back. Accused Nos.2, 4

and 5 are the relatives of accused No.1. Other accused

are neighbors of accused No.1. It is alleged that
3 Crl.P.No.200362/2018

accused Nos.1, 2, 4 and 5 subjected Bhagyashree to

cruelty in connection with the demand for dowry.

4. It is further alleged that on 18.01.2018 at

5.00 p.m. accused No.3 named in the charge sheet

picked-up quarrel with Bhagyashree in the matter of an

accident occurred to her dog. It is alleged that on the

same day at 10.00 p.m. accused Nos.1 to 3 took her

near the well of the village, committed her murder and

dropped the dead body in the well to conceal the

evidence of offence. It is alleged that accused Nos.4 to

10 abetted for commission of offence.

5. The sole eye witness to the incident as per

charge sheet is CW.9 – Sunandkumar. In paragraph

No.3 of his statement he states that he over heard the

accused abusing Bhagyashree, the other accused

abetting the first accused to throw her in the well and

heard the sound of throwing in the well.
4 Crl.P.No.200362/2018

6. Under these circumstances, it is a fit case to

grant bail to the petitioner, with suitable conditions. The

petition is allowed accordingly. The petitioner is granted

bail in Crime No.06/2018 of Ferhatabad Police Station,

which is now pending in C.C.No.2634/2018 before the

II Addl. Civil Judge and JMFC Court, Kalaburagi.

7. The petitioner shall be released on bail in the

said case subject to the following conditions ;-

1. The petitioner shall execute personal bond
in a sum of Rs.25,000/- (Rupees Twenty
Five Thousand only) and furnish one surety
in the likesum to the satisfaction of the
Magistrate.

2. He shall appear before the Court as and
when required and co-operate for trial.

3. He shall not tamper the prosecution
witnesses by threats, inducement or
otherwise.

Sd/-

JUDGE
RSP

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