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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