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Prakasha @ Prakash Gouda vs The State By Sub Inspector Of … on 17 April, 2017

1

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

Dated this the 17th day of April 2017
Before
THE HON’BLE MR. JUSTICE BUDIHAL R.B.
Criminal Petition No.100667/2017
Between

1. Prakasha @ Prakash Gouda
S/O. Siddabasavana Gouda
Age:47 Years, Occ:Agriculturist
R/O. Kotturu Town,
Kudligi-Taluk, Ballari-Dt

2. Smt Bhagyamma,
W/O. Prakasha @ Prakash Gouda
Age: 40 Years, Occ: Housewife
R/O. Kotturu Town,
Kudligi-Taluk, Ballari-Dt. …Petitioners

(By Sri. Manjunatha G. Patil, Advocate)

And

The State By Sub Inspector Of Police
Kotturu Police Station, Kotturu
Ballari District.
Represented By SPP,
High Court Of Karnataka
Dharwad Bench At Dharwad. …Respondent

(By Sri. Praveen K.Uppar, HCGP)

This Criminal Petition is filed under Section 438 of
Cr.P.C., seeking to release them on bail in the event of
their arrest in Crime No.23 Of 2017 of Kotturu Police
2

Station Kotturu, Ballari-District for offences punishable
under Sections, 498A, 504, 506, 306 read with 34 of IPC
for petitioners are concerned in the above case.

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

ORDER

This petition is filed by the petitioners/accused

Nos.1 and 2 under Section 438 of the Code of Criminal

Procedure, seeking anticipatory bail, to direct the

respondent Police to release them on bail in the event of

their arrest of the alleged offences punishable under

Sections 498A, 504, 506, 306 read with Section 34 of the

Indian Penal Code registered in respondent Police Station

Crime No.23/2017.

2. Heard the arguments of the learned counsel

appearing for the petitioners/accused Nos.1 and 2 and also

the learned High Court Government Pleader appearing for

the respondent-State.

3. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials produced
3

along with the petition. So also, I have perused the order

passed by the learned Sessions Judge, Ballari, rejecting

the bail application filed by the petitioners

4. Looking to the averments made in the complaint,

there are allegations even as against the present

petitioners that they were ill-treating and harassing the

deceased, and they were abusing the deceased with filthy

language. As submitted by the learned High Court

Government Pleader, the matter is still under investigation.

Therefore, at this stage, it is not proper for this Court to

allow this petition and grant anticipatory bail.

Without going into the merits of the case and

keeping all the contentions of the petitioners open, this

petition is disposed of with liberty to the petitioners to file

a petition, if so desired, after completion of the

investigation and filing of the chargesheet.

Sd/-

JUDGE
Kms

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