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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRL.P.NO.100286 OF 2018
BETWEEN:
MAHESH S/O VIRUPAKSHAPPA NIDAVANI,
AGE: 27 YEARS, OCC: AGRICULTURIST,
R/O HALAKUSAGAL, TQ.NAVALGUND.
…PETITIONER
(BY SRI.A.A.KALEBUDDE, ADV.)
AND:
THE STATE OF KARNATAKA,
REP.BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH NAVALGUND P.S.,
NAVALDUND, DIST: DHARWAD.
…RESPONDENT
(BY SRI.ANAND K.NAVALGUND, HCGP)
THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C.
SEEKING TO ENLARGE THE PETITONER ON REGULAR BAIL IN
NAVALGUND P.S.CRIME NO.139/2017 UNDER SECTIONS 498A,
302, 304-B R/W 34 OF IPC PENDING ON THE FILE OF THE CIVIL
JUDGE AND JMFC COURT, NAVALGUND.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 439 of Cr.P.C.
seeking regular bail in Crime No.139/2017 registered by
respondent-police.
2. Petitioner is accused No.1. Investigation is
completed and charge sheet is laid before the Court.
3. The case of the prosecution is that the deceased
married the petitioner/accused No.1 about three years
earlier to the incident. For about one year she was looked
after well in the matrimonial house. Thereafter, she was
ill-treated and harassed for not bringing sufficient dowry.
It is alleged that about a year back, she had attempted to
commit suicide, however, later she recovered. It is further
alleged that on 23.11.2017, the accused persons murdered
the deceased by strangulating her neck. The postmortem
report indicates that death is due to “hanging causing
asphyxia compression over the traechea”. In the charge
sheet itself, it is alleged that deceased was suffering from
mental ailment and she was under treatment in KIMS
Hospital for the alleged mental ailment. Therefore, taking
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into consideration all the above facts and circumstances of
the case and the investigation itself having been
completed, it may not be proper to extend the custody of
the petitioner solely by way of punishment. Hence, the
following:
ORDER
The petition is allowed. The petitioner is ordered to
be enlarged on bail on furnishing a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh 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/-
