Khadar Pasha vs State Of Karnataka By on 12 April, 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF APRIL, 2017

BEFORE

THE HON’ BLE MRS. JUSTICE RATHNAKALA

CRIMINAL PETITION NO.931/2017

BETWEEN

KHADAR PASHA
S/O PACHA SAAB
AGED ABOUT 33 YEARS
R/AT NO.60, 7TH CROSS
KADIRENAHALLI
BANGALORE – 560 036.
… PETITIONER
(BY SRI. C.B. ABDUL SAB AND ASSOCIATES, ADVOCATES)

AND

STATE OF KARNATAKA
BY ANUGONDANAHALLI POLICE
REPRESENTED BY ITS
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE – 560 001.
… RESPONDENT
(BY SRI.B.J. ESHWARAPPA, HCGP)

THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.95/2014 (S.C.NO.59/2015) OF ANUGONDANAHALLI P.S.,
BANGALORE DISTRICT FOR THE OFFENCE P/U/S 498A, 302, 304B
R/W 34 OF IPC AND SECTIONS 3, 4 OF D.P. ACT.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
2

ORDER

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader for the

respondent-State.

2. The petitioner is charge sheeted by the respondent

Police in respect of the Crime No.95/2014 for the offences

punishable under Sections 498A, 302, 304B r/w 34 of IPC

and Section 3, 4 of D.P. Act.

3. The allegation is, petitioner was married to

deceased Nagina eight months prior to the incident.

During the marriage, he has received dowry in cash to

kind. Two months after the marriage, he started harassing

the deceased by demanding Rs.20,000/- from her parental

home. He necked her out of the matrimonial home and the

deceased was residing with her parents. On the morning

of 04.10.2014, he persuaded the deceased to go with him

to purchase cloth for the festival. He took her in a

motorcycle bearing registration No.KA-53-K-0991 to Bagur

village near the Eucalyptus plantation strangulated her
3

with a veil and Nakab and also pressed her mouth and

committed murder of her between 7 to 9 a.m.

4. Perused the charge sheet papers. The

complainant/father of the deceased has stated that while

he was working in the shop at 9.00 p.m., he received a

phone call from the brother of the accused informing that

his daughter Nagina is murdered by her husband and

thereafter he along with his family members traced the

dead body in a Eucalyptus plantation.

5. Learned counsel for the petitioner submits that

the statement of brother of the deceased is not recorded by

the Investigating Officer. The recovery mahazar is

concocted to suit his prosecution case.

6. Having regard to the fact that the case of the

prosecution strongly rests on the circumstantial evidence

which is yet to be established during trial, there is no

impediment to allow the petition.

4

5. Accordingly, petition is allowed. The petitioner

is enlarged on bail in Crime No.95/2014 registered by the

respondent-police, subject to following conditions:

i) The petitioner is enlarged on bail by
executing a self bond for a sum of
Rs.2,00,000/- with two sureties for the like
sum to the satisfaction of the concerned
Court.

ii) The sureties shall produce original title
deeds pertaining to their properties and also
their original identity cards/Adhaar Cards to
the Court for perusal and they shall not have
the previous history of offering surety to the
accused persons of any other criminal cases.

iii) He shall attend the Court on all
hearing dates regularly and punctually;

iv) He shall not threaten or prevail upon
the prosecution witnesses.

Sd/-

JUDGE

BS

Leave a Comment

Your email address will not be published. Required fields are marked *