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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.3876 OF 2018
BETWEEN:
GIRISHA
S/O HANUMATHAPPA,
AGED ABOUT 25 YEARS,
R/O KODIRANGAVANAHALLI,
VADDARAHATTI VILLAGE,
CHITRADURGA TALUK AND DISTRICT
(NOW IN JUDICIAL CUSSTODY,
DISTRICT PRISON, CHITRADURGA) … PETITIONER
(BY SRI: HASHMATH PASHA, ADVOCATE)
AND:
STATE OF KARNATAKA BY
BHARAMASAGAR POLICE STATION,
CHITRADURGA CIRCLE,
CHITRADURGA DISTRICT
(REPRESENTED BY THE LEARNED
STATE PUBLIC PROSECUTOR) … RESPONDENT
(BY SRI:K.NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.215/2017
(S.C.NO.76/2017) OF BHARAMASAGARA P.S., CHITRADURGA
DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
498A,306 R/W 149 OF IPC.
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THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Heard the learned counsel for the petitioner and the
learned HCGP. Learned HCGP has not filed any statement of
objections, but has orally opposed the petition.
2. The petitioner is the husband of the deceased.
According to the prosecution, the petitioner herein had
committed sexual intercourse on one Deepa during her minority.
However, pursuant to the orders of the Sessions Court dated
26.05.2015, both of them got married after the deceased
attained majority. It is alleged that accused Nos.1, 2, 3, 4 and 5
were ill-treating and harassing the deceased asking her to
withdraw the case registered by her against accused No.1. It is
also alleged that immediately preceding the incident, there was a
quarrel between the mother of the deceased and the father of
the petitioner herein. On account of these circumstances, the
deceased is alleged to have committed suicide by hanging on
11.05.2017 in the matrimonial home.
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3. The investigation is completed. The allegations are
that the deceased was subjected to ill-treatment and harassment
not only by the petitioner, but other members of the family. All
these circumstances are required to be established only during
trial. The custody of the petitioner is not required to be
extended solely by way of punishment. His presence could be
secured for the purpose of trial by imposing necessary
conditions.
4. Hence, the following order:-
Criminal Petition is allowed.
a) Petitioner/accused No.1 is ordered to be
enlarged on bail on obtaining a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only) with one
surety 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.
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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
Bss
