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Abdul Vaheed (A-2) vs The State Of Karnataka on 29 May, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29th DAY OF MAY 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.2799/2018

BETWEEN:

ABDUL VAHEED (A-2)
S/O. ABDUL KHADAR,
AGED ABOUT 68 YEARS,
R/A # 762, GALIPURA EXTENSION,
CHAMARAJNAGAR TOWN: 571313.
…PETITIONER
(BY SRI MANJUNATH N.D., ADVOCATE)

AND:

THE STATE OF KARNATAKA,
THROUGH CHAMARAJANAGARA TOWN P.S.,
CHAMARAJANAGARA DISTRICT- 571313,
REP/BY SPP HIGH COURT OF KARNATAKA,
BENGAURU – 560001.
…RESPONDENT
(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:
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ORDER

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

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

ORDER

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/-
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(Rupees one lakh only) and providing two
sureties for the likesum to the satisfaction of
the investigation officer, subject to the
following conditions:

(i) He shall cooperate with the police
during investigation.

(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.

Sd/-

JUDGE

BS

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