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Sri Naveen Kumar vs The State Of Karnataka on 30 January, 2018

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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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likesum to the satisfaction of the
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

snc

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