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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.200692/2018
Between:
Santosh S/o Mohanrao Patil
Age: 35 Years, Occ: Coolie
R/o Duduknal, Tq. Aurad (B)
Bidar-585401
… Petitioner
(By Sri Nandkishore Boob, Advocate)
And:
The State through Aurad (B) PS
Now representing by Addl. SPP
HCKB at Kalaburagi
… Respondent
(By Sri P.S. Patil, HCGP;
Sri. Ashok B. Mulage, Advocate to Assist the HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to release the petitioner on bail in Crime
No.183/2017 of Aurad (B) P.S., which is pending on the
file of Addl. JMFC Court, Aurad for the offences punishable
under Sections 498(A), 323, 324, 326, 307, 504 and 115
R/w Section 34 of IPC in C.C.No.04/2018.
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This petition coming on for Orders this day, the
Court made the following:
ORDER
That petitioner herein is arrayed as accused No.1 in
Crime No.183/2017 of Aurad P.S., Bidar.
2. After completion of the investigation, charge
sheet has been filed against seven accused persons for the
offences punishable under Sections 498A, 323, 324, 326,
307, 504 and 115 R/w Section 34 of IPC.
3. The case of the prosecution in brief is that, the
complainant, namely Smt. Ujwala is the wife of the
petitioner herein. They have two male children out of their
wedlock. The complainant was doing tailoring work,
against the wish of her husband and her father-in-law.
The petitioner was suspecting the fidelity of his wife and he
was harassing her. On 26.10.2017, when the complainant
was in her house, at about 11:30 a.m., C.W.6-Vijaykumar,
who is known to their family came to her house. At that
time, the petitioner also came to the house and started
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quarreling with his wife. He kicked the complainant, due
to which she fell on the oven and sustained burn injuries to
her right hand. C.W.6-Vijaykumar questioned the
petitioner as to why he is quarreling. At that time, the
petitioner stating that she is having illicit relationship with
the said C.W.6-Vijaykumar, called other accused persons
to the house and they tied the hands and legs of the
complainant and C.W.6-Vijaykumar. Further, the petitioner
assaulted the complainant with a stone on her head and
caused grievous injuries and also assaulted with a club.
Further, he and other accused persons assaulted C.W.6-
Vijaykumar and caused injuries. Thereafter, accused No.2
i.e., father-in-law of the complainant brought kerosene oil
and poured on her and attempted to lit fire. However,
after seeing the police jeep, all the accused persons ran
away from the spot.
4. The learned counsel appearing for the
petitioner submits that all the other accused have been
enlarged on bail. The charge sheet has been filed in this
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case and he further submits that the victims are already
discharged from the hospital and the petitioner is not
required for any further investigation. He further submits
that the petitioner is ready and willing to abide by any
reasonable conditions that this Court deem fit to impose.
5. The learned High Court Government Pleader
submits that the petitioner being the husband has
assaulted the victim and caused grievous injuries. Further,
submits that there is one more injured namely, C.W.6-
Vijaykumar and therefore there is a prima face case made
against the accused and if the petitioner is enlarged on bail
then, he may tamper with the said witnesses.
6. It is seen that earlier by an order dated
08.02.2018 passed in Crl.P.No.200056/2018, this Court
rejected the bail petition filed by the petitioner i.e.,
accused No.1. The entire allegations of assault made on
the complainant is by the petitioner, who is accused No.1.
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7. No doubt, the investigation is completed and
charge sheet is filed and the injured are discharged from
the hospital. However, even the earlier petition was
rejected after filing of the charge sheet. There are no
changed circumstances to seek bail in this petition. If the
accused/ petitioner is enlarged on bail, then there is every
chance of tampering the charge sheet witnesses. Hence, I
am not inclined to release the petitioner on bail.
Accordingly, the bail petition is hereby dismissed.
Sd/-
JUDGE
BL
