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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2020
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.8515 OF 2019
BETWEEN:
DEVARAJA S/O ERE GOWDA
AGED ABOUT 32 YEARS
R/O ENTAGERE VILLAGE
ARKALGUD TOWN
HASSAN DISTRICT-573 201.
….PETITIONER
(BY SRI. VIJAY KUMAR T, ADVOCATE)
AND:
STATE OF KARNATAKA
BY ARKALGDU P.S.
HASSAN DISTRICT
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU-560 001.
… RESPONDENT
(BY SRI. THEJESH P, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.116/2019 (S.C.NO.188/2019) OF ARAKALAGUD P.S.,
HASSAN FOR THE OFFENCE P/U/SECTIONS 498A,304B OF IPC
AND SECTIONS 3,4 AND 6 OF D.P.ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioner. The learned
HCGP has not filed any statement of objections, but orally
opposed the petition.
2. The petitioner is the husband of the deceased. Their
marriage was performed on 16.6.2016. The case of the
prosecution is that the deceased poured kerosene oil on herself
and succumbed to burn injuries in her house on 1.6.2019. Post
mortem examination indicates that deceased had sustained first
and second degree burns over the front of head, face and neck,
front of chest, front and back of abdomen, front and back of
upper and front and back of lower limbs up to knees. The cause
of death is stated to be on account of shock as a result of burn
injuries sustained. The mother of the victim is cited as one of
the eye witness. According to her at the time of incident, she
was also present in the house and on account of the abuses
made by the petitioner herein, she poured kerosene on herself
and on fire.
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3. Having regard to the material relied on by the
prosecution and the investigation having been completed, in my
view, it is not proper to extend the custody of the petitioner only
by way of punishment.
4. In that view of the matter the petition is allowed.
a) Petitioner is ordered to be enlarged on bail on
furnishing 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.
c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever manner.
d) Petitioner shall not get involved in similar
offences.
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e) Petitioner shall not leave the territorial limits of
the Trial Court without prior permission of the
Trial Court.
Sd/-
JUDGE
rs
