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Mahaveer S/O Bharmappa Banajwad vs The State Of Karnataka on 27 June, 2018

CRL.P.No.100914/2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 27TH DAY OF JUNE, 2018

BEFORE

THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL PETITION NO.100914/2018

BETWEEN:

1. MAHAVEER S/O BHARMAPPA BANAJWAD,
AGE:31 YEARS, OCC. AGRICULTURE,
R/O TERDAL, TQ. JAMAKHANDI,
DIST. BAGALKOT.

2. SHRIMANT S/O BUJABALI BANAJWAD,
AGE:60 YEARS, OCC. AGRICUALTURE,
R/O TERDAL, TQ. JAMAKHANDI,
DIST. BAGALKOT.

3. SHALAWWA W/O SHRIMANT BANAJWAD,
AGE:35 YEARS, OCC. AGRICUALTURE,
R/O TERDAL, TQ. JAMAKHANDI,
DIST. BAGALKOT.

… PETITIONERS
(BY SRI.V.M.SHEELVANT, ADVOCATE)

AND

THE STATE OF KARNATAKA
PSI, TERADAL POLICE STATION,
RPTD BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD.

… RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
CRL.P.No.100914/2018

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONERS/ACCUSED
NO.3, 4, 5 ON BAIL IN TERDAL POLICE STATION CRIME NO.1/2018
PENDING ON THE FILE OF JMFC COURT, BANHATTI, BAGALKOT
DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION
143, 147, 498A, 302, 201 R/W 149 OF IPC.

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

ORDER

The petitioners/accused No.3, 4 and 5 have filed this

petition under Section 439 of the Code of Criminal

Procedure (henceforth for brevity referred to as “Cr.P.C.”)

seeking grant of regular bail in Crime No.1/2018 of the

respondent Police Station for the offences punishable

under Section 143, 147, 498A, 302, 201 read with Section

149 of the Indian Penal Code (henceforth for brevity

referred to as “IPC”).

2. The summary of the case of the prosecution as

could be gathered from the charge sheet is that, one Smt.

Anita, wife of accused No.1-Sri. Bharatesh was murdered

on the night of 06.01.2018 by her husband-Bharatesh

(accused No.1) joined by accused No.2. The accused Nos.3,
CRL.P.No.100914/2018

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4 and 5 who are the present petitioners are said to have

joined by those accused Nos.1 and 2 in concealing the fact

of murder of Smt. Anita and publicize her death as a

natural death, cremated the body. Arraying five accused in

the charge sheet, the complainant police accuses them of

the offence punishable under Sections 143, 147, 498A,

302, 201 read with Section 149 of IPC.

3. Learned counsel for the petitioners in his

argument submitted that, even according to the charge

sheet, accusation made against the present petitioners,

who are the accused Nos.3, 4 and 5 is only on alleged

concealment of the evidence. The truthfulness of the said

allegation is required to be considered in a detailed trial.

4. Learned High Court Government Pleader in his

argument submitted that, there are materials collected by

the Investigating Officer to show that, the present

petitioners have taken active role in destroying the

evidence pertaining to the crime. The charge sheet papers
CRL.P.No.100914/2018

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produced at this stage, by prima facie look, go to show that

the main allegation of alleged murder of Smt. Anita on the

night of 06.01.2018 is only leveled against the accused

Nos.1 and 2, who are said to be the husband and

mother-in-law of the deceased, respectively. Even though

the present petitioners who are accused Nos.3, 4 and 5 are

said to be the other close relatives of the deceased

including the members of the family of the deceased, still

the accusation leveled against them is about concealing the

alleged act of murder of Smt. Anita and depicting her death

as natural one, the truthfulness in the said allegation

whether the present petitioners/accused had the

knowledge of the real nature of the death of deceased

Smt.Anita is a matter of trial, which may follow in the

matter. As such, at the present stage, from cursory look at

the charge sheet, no direct allegation about the

involvement of the present petitioners in the actual

commission of the murder of deceased Smt. Anita is made

against the present petitioners. Therefore, in the
CRL.P.No.100914/2018

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circumstances of the case and considering the nature of

allegation leveled against petitioners/accused Nos. 3, 4 and

5, I am of the view that by imposing reasonable conditions,

the present petitioners/accused Nos.3, 4 and 5 be enlarged

on bail. Accordingly, I proceed pass the following :

ORDER

(i) The petition is allowed.

(ii) The petitioners/accused Nos.3, 4 and 5 are

enlarged on bail in Cr.No.1/2018 of the

respondent – Police Station for the offences

punishable under Sections 143, 147, 498A, 302,

201 read with Section 149 of IPC. However,

subject to condition that the petitioners/accused

Nos.3, 4 and 5 shall execute a personal bond for a

sum of `50,000/-(Rupees fifty thousand only)

each, with two sureties each for the likesum to

the satisfaction of the enlarging Court.

(iii) No single surety can extend his suretyship to

more than two accused.

CRL.P.No.100914/2018

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(iv) Petitioners/accused Nos.3, 4 and 5 shall not

hamper or tamper the prosecution witnesses in

any manner.

(v) They shall appear before the Court on all the

dates of hearing.

Sd/-

JUDGE

yan

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