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Gangappa S/O Neelavva Madar vs The State Of Karnataka, on 29 June, 2017








Gangappa S/o.Neelavva Madar,
Age : 32 years, Occ : Coolie,
R/o.Gojanur, Tq : Shirahatti,
District Gadag.
(By Sri.Srinivas Naik, Advocate for
Sri.K.L.Patil, Advocate)


The State of Karnataka,
Represented by SPP
High Court of Karnataka,
Dharwad Bench,
Through Laxmeshwar P.S …Respondent

(By Sri.Praveen K.Uppar, HCGP)

This petition is filed under Section 439 of Cr.P.C
seeking to grant regular bail to the petitioner in Session
Case No.50/2016 on the file of Additional District and
Sessions Court, Gadag (Laxmeshwar Police Station Crime

No.83/2016) registered for the offences punishable under
Sections 498A, 504, 307 of IPC.

This petition coming on for Orders, this day, the
court, made the following:


This petition is filed by the petitioner-accused under

Section 439 of Cr.P.C. seeking his release on bail, of the

alleged offences punishable under Sections 498-A, 504,

307 of IPC registered in respondent Police Station Crime

No.83/2016 and now pending in Session Case No.50/2016

on the file of the Additional District and Sessions Judge,


2. Brief facts of the prosecution case, the wife of the

petitioner herein filed the complaint stating that, their

marriage took place about 9 years back and they have

three children in the wedlock and complainant is residing

with petitioner, his mother and sister at Gojnur. About 2

to 3 years, petitioner addicted to alcohol and he started to

harass the complainant, petitioner used to abuse and

assault the complainant and in spite of advise by the

parents and elders, he continued his same attitude.

Petitioner was suspecting the fidelity of the complainant, in

this regard on 08.04.2016 at about 6.30 p.m. petitioner

quarreled with the complainant and with a intention to kill

the complainant poured kerosene on the complainant and

lit fire to her, on hearing the hue and cry the neighbours

rushed and admitted the complainant to the hospital. On

the basis of the same case came to be registered for the

alleged offences.

3. Heard the arguments of the learned counsel

appearing for the petitioner/accused and also the learned

HCGP appearing for the respondent-State.

4. I have perused the grounds urged in the bail

petition, FIR, Complaint and the order passed by the

learned Sessions Judge, Gadag rejecting the bail

application. Looking to the materials placed on record

even on a earlier occasion the present petitioner

approached this Court seeking his release on bail and this

Court by its order dated 06.12.2016 passed in Criminal

Petition No.101542/2016 rejected the bail application but

with the observation that, charge sheet is filed matter is

yet to be commit to the Court of Session and after

committal of the case to the Sessions Court, petitioner is

at liberty to move the Court seeking his release on bail.

Now the learned counsel appearing for the petitioner made

the submission that the matter has been already

committed and it is pending before the Sessions Court in

Session Case No.50/2016. It is also submitted by both

sides that, the complainant has been discharged from the

hospital, it goes to show her condition is safe as of now. It

is submitted by the learned counsel for the petitioner that,

petitioner was apprehended and taken to custody on

09.04.2016, since he is in custody, as the investigation is

already completed, charge sheet is filed, so also the

condition of the complainant is safe and alleged offence

under Section 307 of IPC is not exclusively punishable with

death or life imprisonment, by imposing reasonable

conditions he can be admitted to regular bail.

5. Petition is allowed. Petitioner/accused is

ordered to be released on bail in Crime No.83/2016

registered by the respondent Police for the above said

offences, subject to following conditions:

i. Petitioner has to execute personal bond
for a sum of Rs.50,000/-, and furnish
one surety for the like sum to the
satisfaction of concerned Court.

ii. Petitioner shall not tamper with any of
the prosecution witnesses directly or

iii. Petitioner shall appear before the
concerned Court regularly.



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