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Kasimsab S/O. Muktumsab … vs State Of Karnataka on 23 October, 2018

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,
:2: Crl.P. No.101856/2018

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
:3: Crl.P. No.101856/2018

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
:4: Crl.P. No.101856/2018

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/-

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