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Shaik Imran vs State Of Karnataka on 4 December, 2018

CRL.P.NO.5954/2018
1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF DECEMBER 2018

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.5954 OF 2018

BETWEEN:

SHAIK IMRAN
S/O LATE SHABBIR AHMED
AGED ABOUT 30 YEARS
R/O C/O FARIDA
MELEKOTE ROAD
BEHIND RAGHU BAR
SADASHIVANAGAR
TUMKUR CITY – 572 101 …PETITIONER

(BY SRI CHETHAN B., ADV.)

AND

STATE OF KARNATAKA
BY WOMEN POLICE STATION
TUMKURU – 572 101
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE – 560 001 …RESPONDENT

(BY SMT.NAMITHA MAHESH B.G., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.46/2018 OF WOMEN POLICE STATION, TUMAKURU
FOR THE OFFENCE P/U/S 498A, 304B, 34 OF IPC AND
SECTION 3, 4 OF D.P. ACT.
CRL.P.NO.5954/2018
2

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Petitioner is accused No.1 in Crime No.46/2018 of

Women Police Station, Tumakuru. Petitioner and his

mother are charge sheeted in the said case for the

offences punishable under Sections 498A, 304B read

with Section 34 of IPC and Sections 3 and 4 of the

Dowry Prohibition Act, 1961.

2. The marriage of the petitioner and deceased

Fouziya Banu was solemnized on 8.10.2015. She

committed suicide on 11.5.2018 between 7.30 p.m. and

9.30 p.m. in the house of the petitioner by hanging

herself. It is alleged that petitioner and second accused

subjected the deceased to physical and mental cruelty

in connection with their unlawful demand for money.

3. The postmortem report and inquest report do

not indicate any external injuries on the dead body

except the ligature mark. As per the complaint,
CRL.P.NO.5954/2018
3

petitioner informed the complainant that quarrel ensued

between him and the deceased in connection with

preparing chapathi and in a fit of anger she committed

suicide. Whether the alleged conduct of the petitioner

could drive a person of ordinary prudence to commit

suicide is a matter to be decided after trial.

4. Petitioner is 30 years old. He is in judicial

custody since 14.5.2018. This Court in Criminal

Petition No.4339/2018 on 5.7.2018 has granted bail to

the second accused.

5. Under these circumstances, it is a fit case to

exercise discretion to grant bail. Therefore, petition is

allowed.

Petitioner is granted bail in Crime No.46/2018 of

Women Police Station, Tumakuru, subject to the

following conditions:

1) He shall execute personal bond in a sum of
Rs.50,000/- and furnish one surety in the
CRL.P.NO.5954/2018
4

like-sum to the satisfaction of the Trial Court
for his appearance;

2) He shall appear before the Trial Court as and
when required for the purpose of trial;

3) He shall not tamper the prosecution
witnesses in any manner.

Sd/-

JUDGE

KNM/-

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