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Prakash Mundinamani vs The State Of Karnataka on 30 October, 2018

CRL.P.No.6124/2018
1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30th DAY OF OCTOBER, 2018

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.6124/2018

BETWEEN:

PRAKASH MUNDINAMANI
S/O MUTTAPPA
AGED ABOUT 48 YEARS
R/O BALAJI SCHOOL QUARTERS
MAGADI TOWN,
TA MAGADI
DIST-RAMANAGAR – 562 120. …PETITIONER

(BY SRI LAXMESH P. MUTAGUPPE, ADV.)

AND:

THE STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-1. …RESPONDENT

(BY SMT. NAMITHA MAHESH B.G., H.C.G.P.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CR.NO.165/2018
REGISTERED BY THE MAGADI POLICE STATION,
RAMANAGARA FOR THE OFFENCE P/U/S 498(A) AND 306
R/W. 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P.No.6124/2018
2

ORDER

The petitioner is accused No.1 in Crime

No.165/2018 of Magadi Police Station, Ramanagara

District. Said case is registered against the petitioner and

accused No.2 for the offences punishable under Sections

498A and 306 read with Section 34 of I.P.C. on the basis

of complaint of Smt. Susheela, mother of the

deceased-Revathi.

2. The marriage of the petitioner and Revathi was

performed in the year 2007 and out of the said wed-lock,

they have a daughter, aged about 10 years. As could be

seen from the complaint itself, Revathi and the petitioner

were living separately since nine years prior to her death.

3. Initially, complainant filed a report on

19.05.2018 before Magadi Police stating that, her

daughter has died due to illness and for want of required
CRL.P.No.6124/2018
3

medical treatment. On that basis respondent Police

registered Unnatural Death Report No.19/2018.

4. Thereafter, she filed complaint on 16.06.2018

contending that, when they entered the house of Revathi,

they found xerox copies of two chits of Revathi making

allegations of cruelty by her husband and second accused.

5. The alleged death notes are only the xerox

copies. As already pointed out, since nine years, the

petitioner and deceased were living separately. There are

no allegations of homicidal death. Under the

circumstances, it is a fit case to exercise the discretion to

grant anticipatory bail to accused No.1 by imposing

suitable conditions.

6. Accordingly, the petition is allowed. The

petitioner/accused No.1 is granted anticipatory bail in

Crime No.165/2018 of Magadi Police Station. If he is
CRL.P.No.6124/2018
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arrested in the said case, he shall be released on bail on

the following conditions:

(i) He shall appear before the Investigating Officer
within ten days from the date of receipt of copy
of this order.

(ii) He shall execute personal bond in a sum of
Rs.25,000/- and furnish one surety in the
likesum to the satisfaction of the Investigating
Officer/Magistrate for his appearance.

(iii) He shall appear before the Investigating
Officer/Court as and when required for the
purpose of investigation/trial.

(iv) He shall not tamper the prosecution witnesses
in any manner.

Sd/-

JUDGE

ST/SSD

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