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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.1096 OF 2018
BETWEEN:
PARASURAM
S/O BASAPPA
AGED ABOUT 35 YEARS
COOLIE WORK,
R/O SOOKE VILLAGE
JAGALURU TALUK,
DAVANAGERE DISTRICT- 577528.
… PETITIONER
(By SRI S.G. RAJENDRA REDDY., ADV.,)
AND:
THE STATE BY S. H. O
JAGALURU POLICE SATION,
JAGALURU,
DAVANAGERE DISTRICT
RPTD. BY S.P.P.,
HIGH COURT,
BENGALURU 560001..
…RESPONDENT
(BY SRI. K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CRIME
NO.287/2017 OF JAGALUR POLICE STATION,
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DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 323,
342, 307, 498A, 506, 149 OF IPC AND SECTION 4 OF
DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused
No.1 under Section 438 of Cr.P.C. seeking anticipatory
bail, to direct the respondent-police to release the
petitioner on bail in the event of his arrest for the
offences punishable under Sections 323, 342, 307,
498A, 506, 149 of IPC and Section 4 of Dowry Prohibition
Act, registered in respondent-police station in Crime
No.287/2017.
2. Brief facts of the prosecution case as per the
complaint averments the brother of the wife of the
present petitioner is the complainant in this case,
wherein it is stated that his sister was given in marriage
to the petitioner about 9 years back. Couple are not
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having children therefore, on that ground petitioner
along with all his family members accused Nos. 2 and 5
were giving ill-treatment to her both physically and
mentally and also insisting her to bring additional
amount and also gold ornaments from her parental
place otherwise they will perform 2nd marriage to the
petitioner/accused No.1. There is also allegation that
one time they tried to put the poison into food and made
an attempt to cause her death. It is also stated that the
petitioner and other accused, assaulted her and with
the help of the neighbour she was admitted to the
hospital. On the basis of the said complaint case came
to be registered against the petitioner/accused No.1 and
other accused persons.
3. Heard the arguments of the learned counsel
appearing for the petitioner/accused No.1 and also the
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learned High Court Government Pleader appearing for
the respondent-State.
4. During the course of hearing the petition, it is
submitted that the accused Nos. 2 to 5 are already
granted with anticipatory bail by the order of learned
Session Judge. Hence, the learned counsel for the
petitioner submitted that on the ground of parity also
present petitioner is entitled for anticipatory bail.
5. Learned H.C.G.P submitted that serious
allegations are made against the petitioner and hence is
not entitled for anticipatory bail.
6. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials placed on
record.
7. Looking to the allegations similar set of
allegations are made against all the accused persons
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about the alleged acts accused Nos.2 and 5 have
already been granted bail by order of the session judge.
8. The petitioner denied the allegation made by
the complainant contending that there is false
implication and he undertakes to abide by any
reasonable conditions to be imposed by this Court. Also
the alleged offences are not exclusively punishable with
death or imprisonment. As other accused persons No.2
to 5 have been granted with anticipatory bail under the
similar set of facts, the present petitioner is also entitled
to be granted with anticipatory bail.
Accordingly, petition is allowed. The respondent-
Police is directed to enlarge the present petitioner on
bail in the event of his arrest for the alleged offence
punishable under Sections 323, 342, 307, 498A, 506,
149 of IPC and Section 4 of Dowry Prohibition Act
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registered in respondent police station Crime
No.287/2017, subject to the following conditions:
i. Petitioner shall execute a personal
bond for Rs.50,000/- and shall furnish
one surety for the likesum to the
satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.
iii. Petitioner has to make himself
available before the Investigating
Officer for interrogation, as and when
called for and to cooperate with the
further investigation.
iv. The petitioner has to appear before the
concerned Court within 30 days from
the date of this order and to execute
the personal bond and the surety
bond.
Sd/-
JUDGE
AKV