IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29th DAY OF MAY 2018
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.2799/2018
ABDUL VAHEED (A-2)
S/O. ABDUL KHADAR,
AGED ABOUT 68 YEARS,
R/A # 762, GALIPURA EXTENSION,
CHAMARAJNAGAR TOWN: 571313.
(BY SRI MANJUNATH N.D., ADVOCATE)
THE STATE OF KARNATAKA,
THROUGH CHAMARAJANAGARA TOWN P.S.,
CHAMARAJANAGARA DISTRICT- 571313,
REP/BY SPP HIGH COURT OF KARNATAKA,
BENGAURU – 560001.
(BY SRI K. NAGESHWARAPPA, HCGP.,)
THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.225/2017 OF CHAMARAJANAGAR TOWN P.S.,
CHAMARAJANAGAR DISTRICT FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 498A, 302, 506, 201 R/W 149 OF IPC AND
SECTIONS 3 AND 4 OF D.P. ACT AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
This petition is filed by accused No.2 against whom
charge sheet is laid alleging commission of offences
punishable under Sections 498A, 302, 506, 201 r/w 149
of IPC and Sections 3 and 4 of D.P. Act.
2. In the charge sheet, petitioner is shown as
absconding. The substance of the accusation is that the
accused No.2 married the deceased on 17.11.2006. At
the time of marriage and subsequent thereto there were
repeated demand for additional dowry. It is alleged that
the deceased was subjected to cruelty and harassment in
the matrimonial home. On 31.07.2017 at 9.00 a.m.,
accused No.1 picked up quarrel with the deceased
suspecting her fidelity and strangulated her neck and
also assaulted her on other parts of the body and caused
the death. The allegations against the other accused
persons are that they did not permit the relatives of the
deceased to bury the dead body.
3. Considering the nature of the allegations
made against accused Nos.7, 8, 9 and 10, they are
admitted to anticipatory bail by orders of this Court in
Criminal Petition No.1583/2018 c/w Criminal Petition
No.1584/2018 dated 27.03.2018. Accused Nos.11 and
12 are granted anticipatory bail by order dated
31.01.2018 in Criminal Petition No.10180/2017.
Accused Nos.4, 5 and 6 are granted regular bail by order
dated 14.02.2018 in Criminal Petition No.870/2018. The
present petitioner stands on the same footing as that of
accused Nos.3 to 14. Hence, on the ground of parity, the
petitioner also deserves to be admitted to anticipatory
bail. Hence, the following
Petition is allowed.
It is hereby ordered that in the event of
the petitioner being arrested by the
respondent-police in connection with Crime
No.225/2017, he shall be released on bail on
executing a bond for a sum of `1,00,000/-
(Rupees one lakh only) and providing two
sureties for the likesum to the satisfaction of
the investigation officer, subject to the
(i) He shall cooperate with the police
(ii) Until investigation is over, the
petitioner shall not leave the jurisdiction
of the trial Court.
(iii) The petitioner shall mark his
attendance in the respondent-police
station once in a fortnight on a Sunday
between 9.00 AM till 12.00 Noon, till
investigation is completed.