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Kamanayaka @ Kamanna S/O. … vs State Of Karnataka on 16 March, 2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 16TH DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRL.P.NO.100439 OF 2018
BETWEEN:

KAMANAYAKA @ KAMANNA S/O HONNURAPPA,
AGE: 32 YEARS, R/O JIGENAHALLI VILLAGE,
SANDUR TALUK, BALLARI.

…PETITIONER
(BY SRI.R.M.JAVED, ADV.)

AND:

STATE OF KARNATAKA,
THROUGH GUDEKOTE P.S.,
KUDLIGI TALUK,
REP.BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD.
…RESPONDENT

(BY SRI.ANAND K.NAVALGIMATH, HCGP)

THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C.
SEEKING TO ENLARGE THE PETITIONER(ACCUSED NO.1) ON
BAIL IN CONNECTION WITH GUDEKOTE POLICE STATION,
KUDLGI TALUK CRIME NO.74/2017 (NOW S.C.75/2017) FOR
THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498A,
304B, 34 OF IPC AND SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER

This petition is filed by accused No.1 seeking regular

bail in crime No.74/2017 now pending before the Principal

Sessions Judge at Ballari in S.C.No.75/2017 for the

offences punishable under Sections 498(A), 304(B) r/w

Section 34 of IPC.

2. The petitioner herein is accused No.1. Accused No.2

is the father of accused No.1 and he expired during

investigation. Accused Nos.3 and 4 are the sister and

brother of accused No.1 and they are already enlarged on

regular bail.

3. The case of the prosecution is that the deceased was

given in marriage to accused No.1 on 27.05.2011. At the

time of the marriage, a sum of Rs.35,000/- and 2.5 tolas

of gold was given to accused No.1 by way of dowry. The

accused was in the habit of drinking alcohol and was

frequently quarreling with the deceased and pressuring her

to bring additional dowry from her parents’ house. On

account of the failure of the parents of the deceased to

satisfy his demand, he was ill-treating and harassing the
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deceased. Being unable to bear the cruelty meted out by

accused No.1, on 01.06.2017 at about 1.15 p.m., the

deceased poured kerosene on herself and set her on fire in

the house of accused No.1.

4. The learned Government Pleader has not filed any

statement opposing the petition. However, he has orally

opposed for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the

learned Government Pleader and perused the charge sheet

papers. The investigation is already completed. The

material allegations levelled against the petitioner

attracting the offence punishable under Section 498(A) of

IPC are required to be substantiated by the testimony of

close relatives of the deceased. Therefore, there cannot be

any apprehension that the petitioner would prevail upon

the said witnesses. Insofar as the accusations attracting

under Section 304(A) of IPC is concerned, the said offence

is also required to be substantiated during the trial. The

apprehension with regard to threatening the witnesses

and tampering with the evidence can be allayed by
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imposing necessary conditions. The custody of the

petitioner is not required to be extended solely by way of

punishment. Hence, the following:

ORDER

The petition is allowed. The petitioner is ordered to

be enlarged on bail in crime No.74/2017 of Gudekote

Police Station on furnishing a bond in a sum of

Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties

for the likesum to the satisfaction of the trial Court,

subject to the following conditions.

i) Petitioner shall appear before the trial Court
as and when required.

ii) Petitioner shall not threaten or lure the
prosecution witnesses and shall not tamper
the evidence.

iii) Petitioner shall not leave the jurisdiction of
the trial Court without prior permission.

Sd/-

JUDGE

MBS/-

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