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Samiulla vs The State By S H O on 10 April, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF APRIL 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.2132 OF 2018

BETWEEN

Samiulla
S/o. Late. Maboosab,
Aged about 33 years,
KSRTC Bus Conductor
Bagepalli Depot,
Chikkaballapur District,
R/o. 2nd Main,
4th Cross,
Vijay Nagar Badavane,
Davanagere-577001.
…Petitioner
(By Sri. S.G.Rajendra Reddy, Advocate)

AND

The State by S.H.O.
Women Police Station,
Davanagere,
Rep. by S.P.P.,
High Court,
Bengaluru-560001.
…Respondent
(By Sri. K.Nageshwarappa, HCGP)
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This Criminal Petition is filed under Section 439 of
Criminal Procedure Code praying to enlarge the petitioner
on bail in Crime No.167/2017 of Women Police Station,
Davanagere district for the offence punishable under
Sections 498A, 304B, 302, 306, 34 of IPC and Sections 3
and 4 of Dowry Prohibition Act.

This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

Accused No.1 has sought bail under Section 439

Cr.P.C. The respondent police registered a case against

him and two others for the offences punishable under

Section 498A, 304-B, 302, 306 IPC and Section 3 and 4 of

Dowry Prohibition Act read with Section 34 IPC.

2. Heard the petitioner’s counsel and the High Court

Government Pleader.

3. A complaint was made by the mother of the

deceased, viz., Kajal. On 06.09.2012, the marriage of the

petitioner and the deceased Kajal took place at

Davanagere. It is alleged at the time of marriage, the

complainant gave cash of Rs.85,000/-, 10 tholas of gold
3

and some household utensils to the petitioner. The actual

allegation is that about six months prior to the filing of the

complaint, the petitioner and his mother started harassing

her by insisting on her to get the site standing in the name

of the complainant transferred to the petitioner’s name.

Further allegation is that on 18.11.2017 at about 6.30

p.m., the brother of the petitioner, Hyderali telephoned to

the complainant an asked her about her sister-in-law i.e,

the deceased. He said that Kajal was not seen in the

house. Immediately the complainant went the petitioner’s

house and when a search was made, complainant’s

daughter was found dead in a water tank.

4. From the complaint itself it can be made out that

the actual allegation about harassment commenced just

six months before the lodging of the complaint. Till then

there was no harassment to the deceased. On earlier

occasion this court rejected bail to the petitioner by

observing that the investigation was still in progress. The

High Court Government Pleader submits that the said
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order was passed on 22.01.2018 but the chargesheet was

filed on 18.01.2018 itself. There is no changed

circumstances.

5. With regard to these submissions of the High

Court Government Pleader, it is to be stated that probably

the charge sheet was not brought to the notice of the court

and this is the reason for this court observing that

investigation was still going on. Now that the investigation

is complete and chargesheet is filed, bail can be granted.

The presence of the petitioner can be secured for the

purpose of trial. There is no chance of his absconding as he

is working as a conductor in KSRTC. Therefore the

following:

ORDER

a. Petition is allowed.

b. Petitioner shall be released on bail in
connection with Crime No.167/2017
registered by Women Police Station,
Davanagere District on his executing a bond
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for a sum of Rs.1,00,000/- (Rupees One Lakh
only) and providing one surety for the likesum
to the satisfaction of the trial Court.

The petitioner is also subjected to the
following conditions:

i. He shall not tamper with evidence;

ii. He shall not directly or indirectly threaten
the witnesses;

iii. He shall appear before the Court regularly
till completion of trial.

Sd/-

JUDGE

sd

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