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Santosh vs The State Through on 17 September, 2018







Santosh S/o Mohanrao Patil
Age: 35 Years, Occ: Coolie
R/o Duduknal, Tq. Aurad (B)

… Petitioner
(By Sri Nandkishore Boob, Advocate)


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.

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


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

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

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.

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.




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