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Shivakumar vs The State Of Karnataka on 13 March, 2017

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 13TH DAY OF MARCH, 2017

                       BEFORE

       THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR

           CRIMINAL PETITION NO.632/2017

BETWEEN:

SHIVAKUMAR
S/O JAYANNA
AGED ABOUT 40 YEARS
R/O KESTHUR
KORA HOBLI
TUMAKURU TALUK
TUMAKURU DISTRICT
PIN - 572 138.
                                       ... PETITIONER
(BY SRI. ARUN SHYAM.M, ADVOCATE)

AND:

THE STATE OF KARNATAKA
THROUGH WOMEN
POLICE STATION, TUMAKURU
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE - 560 001.
                                      ...RESPONDENT
(BY SRI B.VISHWESHWARAIAH, HCGP)

     THIS CRL. PETITION IS FILED UNDER SECTION 439
OF Cr.P.C., PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.42/2016 OF WOMEN P.S., TUMKURU
DISTRICT FOR THE OFFENCE P/U/S 498A, 304B, R/W 34
OF IPC.
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    THIS CRL.P COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                      :O R D E R:

This petition under Section 439 of Cr.P.C. is filed

seeking enlargement of petitioner on bail in Crime

No.42/2016 of Women Police Station, Tumakuru,

registered for the offences punishable under Sections

498A, 304B, 114, 506 read with Section 34 of IPC.

2. There are in all four accused. Accused No.2

and 3 have been enlarged on bail by the order dated

08.09.2016 passed in Crl.P.5482/2016.

3. Sri Aruna Shyam M., learned counsel for the

petitioner submits that there is no nexus between the

cause of death of the victim and the petitioner. The

complaint averments are false. Petitioner is a law

abiding citizen. The complaint allegation is that the

victim was strangulated. However, charge sheet is filed

for offence punishable under Sections 498A, 304B read

with Section 34 of IPC. Petitioner is having a female

child aged about one year to take care. He undertakes to
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comply with any conditions to be imposed by this Court.

In the circumstances, he prays for grant of bail.

4. The petition is opposed by the learned HCGP

contending that the offences alleged against the accused

are heinous in nature.

5. I have carefully considered the submissions

of the learned counsel for the petitioner, learned HCGP

perused the papers.

6. The complaint averments reveal that the

victim and the petitioner were living together in a

separate house since three months prior to the date of

incident. The Complainant has also expressed suspicion

of his daughter having been strangulated.

7. Investigation has been completed and charge

sheet filed. It is recorded in the charge sheet that the

police investigation revealed that the victim had

committed suicide by hanging using a saree. However,

the police have charged the accused for offences
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punishable under Sections 498A, 304B read with Section

34 IPC.

8. The petitioner is said to be having a female

child, aged about one year to take care. In view of police

having specifically recorded that the victim has hung

herself, the charges alleged against the accused are

subject to trial. Accused No.2 and 3 have been directed

to be enlarged on bail vide order dated 8.9.2016 in

Crl.P.No.5482/2016. Keeping in view the fact that the

petitioner also has a dutiful obligation to take care of his

tiny child, in my view, pending trial, the petitioner

deserves to be enlarged on bail with stringent conditions.

Accordingly, it is directed that:

(i) Petitioner shall be released on bail in
Crime No.42/2016 registered by
Women Police Station, Tumakuru, upon
his executing a self bond for a sum of
Rs.50,000/- with one surety for the like
sum to the satisfaction of the
jurisdictional Court;

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(ii) Petitioner shall co-operate with the
Investigating Officer during the further
course of investigation, if any and
appear before him as and when called
upon;

(iii) Petitioner shall not directly or indirectly
make any inducement, threat or promise
to prosecution witness or any person
acquainted with the facts of the case, so
as to dissuade him from disclosing such
facts to the Court or investigating officer;

(iv) Petitioner shall not involve himself in any
criminal activities; and

(v) If the petitioner violates any one of the
conditions, the prosecution shall be at
liberty to seek cancellation of bail.

Petition allowed.

SD/-

JUDGE
BSR

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