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Paramesh @ Pujari Parameshi @ … vs The State Of Karnataka on 14 November, 2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 14TH DAY OF NOVEMBER 2018

BEFORE

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

CRL.P.NO.101445 OF 2018

BETWEEN:

PARAMESH @ PUJARI PARAMESHI @ PARAMESHI
S/O: LATE PUJARI PAKKIRAPPA,
AGE: 25 YEARS,
OCC: PROPRIETOR OF SWATHI BAKERY,
W.NO.24, OPP. KUSUMA CHOWK, COWAL BAZAR,
MAIN ROAD, BALLARI
R/O: NEAR NEELAKANTESHWARA TEMPLE,
HAMPENAGAR, SANTEPET, KARUR VILLAGE,
TQ. SIRAGUPPA,
DIST.BALLARI. … PETITIONER

(BY SRI. RAKESH S.HATTIKATAGI, ADV. FOR
SRI. S.S. YADRAMI, ADV.)

AND

THE STATE OF KARNATAKA
BY BALLARI WOMEN POLICE
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH. … RESPONDENT

(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C., SEEKING TO ALLOW THE
PETITIONER AND ORDER TO RELEASE THE PETITIONER
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ON BAIL IN C.C.NO.383/2018 (BALLARI WOMEN
PS.CR.NO.10/2018) FOR THE ALLEGED OFFENCES
U/SEC.498-A, 302, 201, 304-B R/W SEC.34 OF IPC AND
SEC.3 AND 4 OF DOWRY PROHIBITION ACT PENDING ON
THE FILE OF IV ADDL. CIVIL JUDGE (JR.DN.) AND JMFC,
BALLARI.

This petition coming on for orders, this day, the
Court made the following:

ORDER

The deceased in the case is one Susheela. Accused is

Paramesh @ Pujari Parameshi @ Parameshi-her husband.

The criminal case is registered against him in Crime

No.10/2018 dated 15/1/2018 for the offences punishable

under Sections 498A, 302, 201, 304B, r/w Section 34 of

IPC and Sections 3 and 4 of Dowry Prohibition Act.

2. The marriage of the petitioner with Susheela

was performed on 3/5/2015 at Karur. The marital house

of Susheela constituted her husband, mother-in-law and

brother-in-law. Accused No.1 had received dowry in the

form of gold from the parents of Susheela and also

demanding additional dowry of Rs.50,000/- that was not

paid. A Panchayat was also held. It is stated that on

15/1/2018, Susheela was strangulated and neck was

pressed by the petitioner to ensure that he murdered her
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or he murdered his wife by strangulating her. It is also

stated on the earlier occasion also accused No.1 was

harassing the victim and also tried to kill her. Susheela

was admitted to out patient department and at that time

accused No.1 ran away from the place. It is stated that

accused Nos.1 and 2 in furtherance of common intention

between them, caused dowry harassment, torture and

strangulated her to take away her life. It is in this

connection, the criminal case is registered. Accused No.2-

Gurulingamma is the mother of the petitioner. She is said

to have been released on anticipatory bail.

3. Learned counsel Sri. Rakseh S.Hattikatagi,

would submit that the petitioner is innocent and that

accused No.2 is already enlarged on bail. Further, they

have not committed any act causing injuries to the life and

welfare of Susheela. Learned counsel for the petitioner

would submit that the child of the petitioner, who is aged

about two years is being maintained by the family of his

relative.

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4. The learned HCGP would oppose the

application and submit that Susheela was not a lady of

taking to level of committing suicide. It is also to be stated

that demand for dowry was also there besides the dowry

already received. However, the fact that she is in custody

since 16/1/2018 and investigation is completed. There

are no allegations of interference of the investigation and

that the final report is already filed.

5. In the overall context and circumstances, I find

that no prejudice will be caused to the ends of justice, if

the petitioner is ordered to be released on bail. The

apprehension of the prosecution could be resolved by

imposing suitable conditions. Hence, I pass the following

order.

ORDER

Petition filed by the petitioner-accused u/S 439 of

Cr.P.C. is allowed. He shall be released on bail in

connection with Crime.No.10/2018 on the file of Bellary

City sub-Division, Bellary Women Police Station

(c.C.No.383/2018) pending on the file of IV Addl. Civil
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Judge (Jr.Dn) and JMFC, Ballari, subject to the following

conditions:-

i) He shall execute a personal bond in a
sum of Rs.2,00,000/- with a likesum
surety to the satisfaction of the trial
Court;

ii) He shall mark his attendance before the
Police on first Sunday of every month till
examination of the complainant and two
witnesses by the trial Court;

iii) He shall not tamper or hamper the case of
the prosecution;

iv) He shall appear before the Court on all
the hearing dates unless exempted by the
Court for valid reasons.

Violation of the conditions would result in cancellation

of the bail automatically.

Sd/-

JUDGE

Vmb

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