IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23 r d DAY OF OCTOBER 2018
BEFORE
THE HON’BLE MRS.JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No .101856 OF 2018
BETWEEN:
1. KASIMSAB
S/O. MUKTAMSAB BHAVIMANI
AGE:56 YEARS, OCC:SERVICE,
(HEAD CONSTABLE IN TOWN POLICE STATION
DHARWAD 1ST CROSS NEAR AFS HALL,
MALAPUR, DHARWAD.
2. NADEEM S/O. KASIMSAB BHAVIMANI
AGE: 30 YEARS,
OCC: LLB FINAL YEAR STUDENT,
R/O. H.NO.45, HASMI NAGAR,1ST CROSS,
NEAR AFS HALL,
MALAPUR, DHARWAD.
3. MUBEEN S/O. KASIMSAB BHAVIMANI
AGE:27 YEARS,
OCC:LLB FINAL YEAR STUDENT,
R/O. H.NO.45, HASMI NAGAR,1ST CROSS,
NEAR AFS HALL,
MALAPUR, DHARWAD.
… PETITIONERS
(By Sri. RAJESH K NAVALGIMATH ADV.)
AND:
STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
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DHARWAD BENCH, THROUGH
DHARWAD SUB-URBAN POLICE STATION.
… RESPONDENT
(By Sri.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., SEEKING TO PASS AN ORDER DIRECTING
TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN
DHARWAD SUBURBAN PS.CR.NO.97/2018 FOR THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS 498A, 304B, 302
R/W.SEC.34 OF IPC AND SEC.3 OF D.P.ACT.
This Petition coming on for Orders, this day the Court
made the following:-
ORDER
Petitioners are accused Nos.2 to 4 in Crime
No.97 of 2018 of Dharwad Sub-urban police station.
The said case is registered ag ainst petitioners and
accused No.1 for the offence punishable under
Sections 498A, 304B, 302 read with Section 34 of
the Ind ian Penal Code, 1860 and und er Section 3 of
the Dowry Prohibition Act, 1961 on the b asis of the
compliant of one Sri.Allab haksha.
2. Petitioner Nos.2 3 and accused No.1 are
the sons of petitioner No.1. The marriag e of
accused No.1 with victim Salma Beg um was
solemnised on 03.09.2016 and the couple have a
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son aged one year. It is alleg ed that petitioners
and accused No.1 subjected Salma Beg am to
physical and mental cruelty in connection with their
illeg al d emands. It is further alleged that on
16.08.2018 between 02.30 p.m. and 05.40 p.m., the
accused committed murder of Salma Begam by
throttling her.
3. Petitioners and accused No.1 filed petition
seeking anticip atory b ail b efore the IV Additional
Sessions Court, Dharwad , which came to be
dismissed. Petitioners apprehending arrest in the
said case have filed this petition for anticip atory
bail.
4. Sri.Rajesh K.Navalag imath, learned
counsel for the petitioners submits that the death is
suicidal one and the p etitioners are prepared to face
the investigation and trial. He further submits that
petitioner No.1 is a police Head Constab le awaiting
promotion and petitioner Nos.2 3 are the law
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students and if they are arrested, their career will
be marred.
5. Sri.Praveen K.Uppar, learned HCGP
submits that accused No.1 is still evasive of arrest
and has not surrendered before the police. The
detention of the petitioners is required for tracing
accused No.1.
6. The case is still at the stag e of
investigation. The death has occurred within two
years of marriag e. The final op inion reg arding the
cause of d eath is reserved awaiting the FSL Report.
Accused No.1 is still evasive in the investig ation. In
these circumstances, at this stage, it is not a fit
case to exercise discretion to grant anticip atory
bail. The p etition is dismissed.
Sd/-
JUDGE
RK/-
