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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.314/2018
BETWEEN:
SRI. NAVEEN KUMAR,
S/O. RAMANJINAPPA,
AGED ABOUT 22 YEARS,
R/O. BANADAPALYA VILLAGE,
HEBBUR HOBLI,
TUMAKURU TALUK
TUMAKURU DISTRICT-572120.
… PETITIONER
(BY SRI. RAHUL RAI, ADV.,)
AND:
THE STATE OF KARNATAKA
THROUGH WOMEN POLICE
STATION, TUMAKURU,
REP. BY ITS STATE PUBLIC
PROSECUTOR, HIGH COURT
BUILDING,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.99/2016 OF WOMEN POLICE STATION,
TUMAKURU DISTRICT FOR THE OFFENCE P/U/S 498A,
302, 149, 114, 341 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused
No.5 under Section 439 of Cr.P.C. seeking his release on
bail of the offences punishable under Sections 498A and
307 read with Section 34 of IPC, registered in
respondent – police station Crime No.99/2016 and after
the death of the deceased, the offence under Section
302 of IPC also came to be inserted in the case as per
the requisition made by the police.
2. The brief facts of the prosecution case is that
one B. Somashekar is the complainant who is the
brother of deceased Shantamma wherein he has stated
in the complaint that, 14 years back his sister’s
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marriage was performed with Accused No.1. Since then,
she was residing with her husband in the matrimonial
house. Since there was a dispute started between
husband and wife and family members, several
panchayats were also conducted. On 26.12.2016
between 8.30 and 9.00 p.m. the son of his sister by
name Rudresh informed over phone that Accused No.1
and his family members with an intension to kill the
deceased, assaulted her and also by pouring kerosene
and lit fire on her. Thereafter, she was shifted to the
Government Hospital, Tumakuru. On receiving
information, the complainant gone to the Government
Hospital at Tumakuru. Deceased sustained 90% of burn
injuries and on the advice of the doctor, she was taken
to Victoria Hospital at Bengaluru wherein she
succumbed to the injuries. On the basis of the said
complaint, FIR came to be registered.
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3. Heard the arguments of the learned counsel
appearing for the petitioner/accused and also the
learned High Court Government Pleader appearing for
the respondent-State.
4. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials placed on
record, so also the earlier order passed by the Court in
respect of Accused No.1 filed under Section 438 of
Cr.P.C. which came to be rejected and subsequently bail
petition filed by Accused No.1 under Section 439 came
to be allowed and even Accused No.1 who is the
husband of the deceased was also released on bail. So
far as the complaint allegations are concerned, the
complainant is not the eye witness. On the basis of the
information furnished by Rudresh, the complaint came
to be registered. The specific allegations in the
complaint are against Accused No.1 and there are
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general allegations against the other petitioners. The
petitioner denied those allegations contending that he is
an innocent and not involved in committing the alleged
offence. He has produced the copies of the earlier
Orders in respect of Accused No.1 passed by this Court.
He has undertaken that he is ready to abide by any
reasonable conditions to be imposed by the Court.
Investigation is completed and charge sheet is also filed.
Hence, it is a fit case to exercise discretion in favour of
the petitioner.
5. Accordingly, petition is allowed.
Petitioner/accused No5. is ordered to be released on
bail for the offence punishable under Sections 498A,
302, 149, 114, 341 of IPC registered in Crime
No.99/2016, subject to the following conditions:
i. Petitioner has to execute a personal
bond for Rs.1,00,000/- and has to
furnish one solvent surety for the
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concerned Court.
ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.
iii. Petitioner has to appear before the
concerned Court regularly.
Sd/-
JUDGE
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