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B K Kumara vs State By Mandya Rural on 23 April, 2014

Karnataka High Court B K Kumara vs State By Mandya Rural on 23 April, 2014Author: Budihal R.B.

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 23RD DAY OF APRIL, 2014 BEFORE

THE HON’BLE MR.JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.1779/2014

BETWEEN:

B.K.KUMARA,

S/O LATE B.K.SHIVANNA,

AGED 35 YEARS,

R/O NEAR CHANNEL,

KARASAVADI ROAD,

VINAYAKANAGARA,

MANDYA CITY-571401.

…PETITIONER

(BY SRI.PRAMOD R., ADV.)

AND

STATE BY

MANDYA RURAL POLICE,

MANDYA-571401.

…RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP)

THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.585/2013 OF MANDYA RURAL P.S., MANDYA, FOR THE OFFENCES P/U/S 498A, 504, 323 AND 307 OF IPC. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: 2

ORDER

This is the petition filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 498A, 504, 323, 307 of IPC registered in respondent – police station Crime No.585/2013.

2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned HCGP for the respondent-State.

3. Learned counsel for the petitioner during the course of his arguments submitted that looking to the prosecution material, there is no case made out by the prosecution that petitioner made an attempt to commit the murder of the complainant’s wife. He also submitted that looking to the statement of the mother of the complainant as well as the complainant and other witnesses, the statements are contradictory to each other and they are not consistent and therefore, prosecution has not placed the prima-facie material to 3

show the involvement of the present petitioner in the commission of alleged offence. He has also submitted that the doctor has opined that the injuries said to have been sustained by the complainant are simple in nature. He further submitted that the investigation is completed and the charge sheet has been filed. Hence, by imposing any reasonable conditions petitioner may be admitted to bail.

4. As against this, the learned HCGP during the course of his arguments submitted that, even on earlier occasion also petitioner gave ill-treatment and harassment and insisting her to bring dowry amount of Rs.50,000/- and in the earlier occasion also she has lodged the complaint against her husband and he was arrested in that case also. He also submitted that the averments made in the complaint and also the statement of witnesses recorded by the Investigating Officer during investigation clearly make out the prima- facie case against the present petitioner that he has committed the alleged offence. Hence, learned HCGP 4

submitted that in view of these materials collected, petitioner is not entitled to be granted with bail.

5. I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record. Looking to the averments made in the compliant by the wife, she has made the allegations about the ill-treatment and harassment by the present petitioner that he was insisting her to bring Rs.50,000/- as dowry amount from her parental place. He used to come to the house in the drunken state, so she lodged complaint on earlier occasion also. Looking to the statement of witnesses and other materials collected by the Investigating Officer during investigation, it goes to show prima-facie that the petitioner has made an attempt to commit the alleged offence against the complainant. But however, looking to the injury certificate produced by the learned counsel for the petitioner, the doctor has opined that all injuries are simple in nature and now the investigation of the case is also completed and the charge sheet has been filed. It 5

is the contention of the petitioner that since from the date of arrest he is in custody and the offences alleged under Section 307 of IPC are also not exclusively punishable with death or imprisonment for life. He has undertaken in his bail petition that he is ready to abide by any reasonable conditions to be imposed by this Court. Therefore, looking to these materials on record, I am of the opinion that by imposing stringent conditions present petitioner can be admitted to bail.

6. Accordingly, petition is allowed. Petitioner/accused is ordered to be released on bail for the offences punishable under Sections 498A, 504, 323, 307 of IPC registered in respondent – police station Crime No.585/2013, subject to the following conditions: i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.

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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

BSR

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