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Basavarajappa vs The State Of Karnataka on 30 May, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF MAY 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.1940 OF 2018

BETWEEN:-

BASAVARAJAPPA
S/O SIDDAPPA,
AGED ABOUT 45 YEARS
AGRICULTURIST,
R/A DODDIBEERANAHALLI VILLAGE,
SAKARAYAPATNA HOBLI,
KADUR TALUK
CHIKKAMAGALURU DISTRICT-577548
… PETITIONER

(BY SRI: MANJUNATH N D, ADVOCATE)

AND:-

THE STATE OF KARNATAKA
THROUGH SAKHARAYAPATNA P.S,
CHIKKAMAGALURU DISTRICT-577548
REP BY SPP HIGH COURT OF KARNATAKA,
BENGALURU-560 001
… RESPONDENT

(BY SRI: S.VISHWA MURTHY,HCGP)

THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.4/2018 OF
SAKKARAYA PATNA POLICE STATION, CHIKKAMAGALURU
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DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498A,302,306 R/W 34 OF IPC.

THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

Petitioner is the husband of deceased-Shobha. Their

marriage was performed about 10 years earlier to the incident.

In the wedlock, the deceased had given birth to two children. It

is alleged that in the matrimonial home, the deceased was being

harassed and ill-treated. About two months earlier to the

incident, she had been to the land to graze cattle and at that

time, she fell down and on seeing this, the husband of the

deceased viz., petitioner herein and the in-laws of the deceased

not only taunted the deceased, but also cursed her to die. Being

unable to bear the cruelty and the provocation alleged to have

been made by the accused persons, on 10.01.2018, between

3.00 p.m. to 5.00 p.m., the deceased strangulated her two

minor children and also hanged herself and committed suicide.

2. The charges of murder under section 302 Indian Penal

Code have been foisted against the deceased and an abatement

charge sheet has been filed against her. Insofar as the present
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petitioner and his parents are concerned, charge sheet is filed

under Sections 306, 498-A r/w 34 Indian Penal Code. The

investigation is completed.

3. Having regard to the circumstances in which the alleged

incident has taken place and there being no circumstances which

would prompt the petitioner either to flee from justice or to

tamper with the eyewitnesses, I am of the view that the custody

of the petitioner is not required to be extended solely by way of

punishment. The petitioner deserves to be admitted to bail

subject to conditions.

4. Hence, the following order:-

a) Petitioner is ordered to be enlarged on bail on

obtaining a bond in a sum of Rs.1,00,000/-

(Rupees One Lakh only) with two sureties for

the likesum to the satisfaction of the

jurisdictional court.

b) Petitioner shall appear before the court as and

when required.

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c) Petitioner shall not threaten or allure the

prosecution witnesses in whatsoever manner.

d) Petitioner shall not get involved in similar

offences.

e) Petitioner shall not leave the jurisdiction of the

Trial Court without prior permission of the Trial

Court.

Sd/-

JUDGE

*mn/-

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