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Manja vs The State Of Karnataka on 22 January, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF JANUARY 2018

BEFORE

THE HON’BLE MR. JUSTICE BUDIHAL R.B.

CRIMINAL PETITION No.9873/2017

BETWEEN:

1. Manja
S/o Late Eraiah
Aged about 50 years
FDA, H.R.P. Quarters
Gorur, Hassan Taluk and District
Hassan-573 120.

2. Mallamma
W/o Late Eraiah
Aged about 65 years
R/at Opp. to Telecom
Exchange Office
Arakalgud – Hassan Road
Gorur Taluk and District-573 120.

3. Bhoomika
D/o Dharma
Aged about 19 years

4. Dharma
S/o Beluraiah
Aged about 45 years

5. Manjula
W/o Dharma
Aged about 32 years
(Petitioners No.3 to 5 are
R/o Ambedkar Nagar
2

Hassan District-573 120. ..PETITIONERS

(By Sri Laxmesh P Mutaguppe, Adv.)

AND:

The State of Karnataka
By State Public Prosecutor
High Court Building
Bangalore-560 001. .. RESPONDENT

(By Sri Chetan Desai, HCGP)

This criminal petition is filed under Section under
Section 438 of the Cr.P.C. praying to enlarge the
petitioner on bail in the event of their arrest in
Cr.No.102/2017 of Hassan Women P.S., Hassan District
for the offences punishable under Sections 498-A, 504,
323, 324, 354(A), 307 of IPC.

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

ORDER

This petition is filed by the petitioners-accused

Nos.2 to 6 under Section 438 of Cr.P.C. seeking a

direction to the respondent police that in the event of their

arrest, they be released on bail for the offences

punishable under Sections 498A, 504, 323, 324, 354(A),

307 read with Section 34 of IPC registered in respondent

Police Station Crime No.102/2017.

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2. I have heard the learned Counsel appearing for

the petitioners-accused Nos.2 to 6 and the learned High

Court Government Pleader appearing for the respondent-

State.

3. I have perused the averments made in the bail

petition, FIR, complaint and the other materials on

record.

4. Earlier to the present complaint, a complaint

was filed, which is produced as per Annexure-B. I have

perused the contents of the said earlier complaint also.

Subsequently, the present complaint came to be filed on

23.11.2017 in respect of the alleged offence that took

place on 17.11.2017. Looking to the contents of the

subsequent complaint also, similar set of allegations,

which are already made in the earlier complaint, were

made. The complaint goes to show that serious

allegations are made against the husband of the

complainant i.e., accused No.1. The petitioners are
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accused Nos.2 to 6. They have contended that they are

not involved in the alleged offence and there is false

implication of their name in the case. The petitioners

have undertaken that they are ready to abide by any

condition that may be imposed by this Court. The alleged

offence under Section 307 of IPC is not exclusively

punishable with death or imprisonment for life.

5. Hence, the petition is allowed. The respondent-

police are directed to enlarge the petitioners on bail in the

event of their arrest for the alleged offences punishable

under Sections 498A, 504, 323, 324, 354(A), 307 read

with Section 34 of IPC registered in respondent Police

Station Crime No.102/2017, subject to the following

conditions:

i. Each petitioner shall execute a personal
bond for a sum of Rs.50,000/- and
have to furnish one surety for the
likesum to the satisfaction of the
arresting authority.

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ii. Petitioners shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

iii. Petitioners shall make himself available
before the Investigating Officer for
interrogation as and when called for
and to cooperate with the further
investigation.

iv. Petitioners shall appear before the
concerned Court within 30 days from
the date of this order and to execute the
personal bond and the surety bond.

Sd/-

JUDGE

Cs/-

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