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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 01ST DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE G. NARENDAR
CRIMINAL PETITION No.200102/2018
Between:
1. Pramila
W/o Ramchandra Devagiri,
Age 61 years,
Occ. Household,
2. Santhosh
S/o Ramchandra Devagiri,
Age 37 years,
Occ. KSRTC Employee,
Both are R/o H.No.8-1545/105,
Near Bhavani Temple, Shivaji Nagar,
Nehru Gunj, Kalaburagi – 585 103.
… Petitioners
(By Sri Jadhav Baburao Ambarao, Advocate)
And:
The State through Mahila Police Station,
Kalaburagi,
Represented by Addl. S.P.P
High Court of Karnataka,
Kalaburagi Bench – 585 103.
… Respondent
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(By Sri Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.91/2017 of Gulbarga
Women Police Station for the offences punishable under
Section 506, 323, 498A, 504 read with Section 34 of the
IPC pending before II Addl. JMFC at Kalaburagi.
This petition coming on for Orders this day, the
Court made the following:-
ORDER
Heard the learned counsel for the petitioners and the
learned High Court Government Pleader.
2. Petitioners are the mother-in-law and brother-
in-law of the complainant. Complainant got registered a
complaint in Crime No.91/2017 with the respondent police
for the offences punishable under Section 498A, 323, 504
and 506 read with Section 34 of IPC.
3. It is the case of the defacto complainant that
she married to the first accused Prashant on 23.01.2008
and thereafter continued to lived happily for about 1-2
years and that thereafter the petitioner Nos.1 and 2
started troubling and tortured her. That on 05.10.2017 at
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about 9.00 a.m. the petitioners abused her in a vulgar
language and thereafter accused No.1 beat her up with his
sandals and bare hands in the presence of the petitioners
herein. That on 15.11.2017 when the complainant
informed about the incident to the members of her
matrimonial home. She was yet again abused in vulgar
language for having failed to give birth to a child despite
passage of years after the marriage and also gave threat
to the life of the complainant.
4. It is submitted by the learned counsel for the
petitioners that the petitioners are living separately and
are is no way connected with the life of the accused No.1
and the complainant.
5. On perusal of the complaint and on a specific
querry to the learned High Court Government Pldaer as to
whether there is any evidence of any physical violence or
injury having been caused to the complainant, it is replied
that the complaint is borne out of marital discord. Taking
into consideration the fact that the first petitioner is aged
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more than 60 years and that the second petitioner is a
government servant, this Court inclined to grant relief as
prayed for and petition is allowed.
6. The respondent-Police are hereby directed to
enlarge the petitioners/accused on bail in the event of
arrest in Crime No.91/2017 for the offences punishable
under Sections 498A, 323, 504 and 506 read with
Section 34 of IPC, subject to the following conditions :-
1. The petitioners shall execute a personal bond
for a sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety each
for the likesum and to the satisfaction of the
II JMFC Court, Kalaburagi;
2. The second petitioner shall appear before the
Investigating Officer on every alternative
Sunday at 10.00 a.m. till filing of the charge
sheet;
3. The petitioners shall not tamper with the
evidence or attempt to influence the
prosecution or the witnesses directly or
indirectly;
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The Trial Court shall not be influenced by the
observations made by this Court in the disposal of the
petition. The observations are made only for the purpose
of disposal of this petition and the trial Court shall proceed
with the trial without being influenced by the observations
made by this Court.
Petition is ordered accordingly.
Sd/-
JUDGE
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