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Judgments of Supreme Court of India and High Courts

Hussainamma vs The State Of Karnataka on 9 February, 2018

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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH

DATED THIS THE 09TH DAY OF FEBRUARY, 2018

BEFORE

THE HON’BLE MR. JUSTICE G.NARENDAR

CRIMINAL PETITION No.200032/2018

Between:

Hussainamma W/o Hanumantha,
Age: 30 Years, Occ: Coolie,
R/o Kalapur Village,
Tq. Lingasugur,
Dist: Raichur-587 101.

(Accused No.2 in CC No.719/2016
on file of Prl. JMFC Court, Lingasugur)
… Petitioner
(By Sri. Shivanand V. Pattanshetty, Advocate)

And:

The State of Karnataka
R/by Addl. SPP Kalaburagi
Bench-585 107
(Through Raichur Women Police
Station Dist: Raichur)
… Respondent
(By Sri. P.S. Patil, HCGP)

This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to grant anticipatory bail to the petitioner/
accused No.2 and direct the Lingasugur Police to release the
petitioner/ accused No.2 on bail in the event of her arrest in
CC No.719/2016 (Lingasugur Police Station Crime
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No.155/2016) for the offences punishable under Sections
498-A, 304(B), 306 and 302 R/w Section 34 of IPC, pending
on the file of the Prl. Civil Judge (Jr.Dn.) JMFC Court, at
Lingasugur, Dist. Raichur.

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

ORDER

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader, appearing

for the respondent-State.

2. The learned counsel for the petitioner would

pray that the petitioner is entitled to be enlarged on bail

on the ground of parity as other accused i.e., Accused

Nos.1, 3 and 4 have been enlarged on bail by this Court

in Crl.P.No.200154/2017 dated 07.02.2017. It is

further submitted that the charge sheet has already

been filed into Court by the prosecution. It is further

submitted that the petitioner has been residing

separately and is in no way connected with the suicide

committed by her sister-in-law and that she has been
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falsely implicated and that no overt acts are alleged

against the petitioner.

3. In view of the above facts, the petition is

allowed.

4. The petitioner is directed to be enlarged on

bail in the event of his arrest in CC No.719/2016 on the

file of the Prl. Civil Judge and JMFC, Lingasugur arising

out of Crime No.155/2016 registered by the respondent-

Police for the offences punishable under Sections 498A,

304(B), 306 and 302 R/w Section 34 of IPC, subject to

the following conditions:

i. The petitioner shall execute a personal
bond for a sum of Rs.25,000/- (Rupees
Twenty Five Thousand Only) with two
solvent sureties for the likesum to the
satisfaction of the Prl. Civil Judge and
JMFC Court at Lingasugur.

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ii. The petitioner shall not leave the
jurisdiction of the trial without prior
permission.

iii. The petitioner shall not attempt to
influence the prosecution or tamper with
the evidence or the witnesses of the
prosecution.

iv. The petitioner shall appear before the
Trial Court regularly on all the dates of
hearing without fail.

The Trial Court shall not be influenced by the
observations made by this Court in the disposal of
the petition. The observations are made only for the
purpose of disposal of this petition and the trial
Court shall proceed with the trial without being
influenced by the observations made by this Court.

Sd/-

JUDGE

BL

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