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Shri. Neelappa S/O. Basavanneppa … vs State Of Karnataka on 19 December, 2013

Karnataka High Court Shri. Neelappa S/O. Basavanneppa … vs State Of Karnataka on 19 December, 2013Author: Jawad Rahim

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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 19TH DAY OF DECEMBER, 2013 BEFORE

THE HON’BLE Dr.JUSTICE JAWAD RAHIM CRIMINAL PETITION No.11642/2013

BETWEEN

SHRI.NEELAPPA S/O. BASAVANNEPPA SUNAGAR, AGE: 66 YEARS,

OCC: AGRICULTURIST,

R/O. HOLEITAGI,

TQ: SHIRAHATTI,

DIST: GADAG. … PETITIONER (BY SRI. SHARNAPPA S KOLIWAD, ADV.) AND

STATE OF KARNATAKA

BY SHIRAHATTI POLICE STATION

BY SPP DHARWAD. … RESPONDENT (BY SRI. V.M BANAKAR, ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO REGULAR BAIL TO THE PETITIONER FOR THE OFFENCE P/U/S 498-A, 306, 354(C), 409 R/W 34 OF IPC, IN SHIRAHATTI CRIME NO.82/2013 OF SHIRAHATTI POLICE STATION, GADAG DIST.

This petition coming on for orders this day, the court made the following

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ORDER

Petitioner is 2nd accused facing charge for the offences punishable under Sections 498A, 306, 354C, 409 read with Section o34, I.P.C. in Crime No.82/13 and seeks bail while in judicial custody.

2. Prosecution case is based on the report of Koteppa Gaddeppanavar seeking action against the petitioner and his son and two others on the allegation, he had given his sister-Pavithra in marriage to the 1st accused-Basavanneppa 9 years ago and they were living happily for some time. Later 5th accused-Channappa who is the friend of 1st accused, visited his house and often solicited Pavithra for sexual favours. When 1st accused learnt of such attempt by the 5th accused, they suspected the chastity of Pavithra and indulged in harassing her continuously. Consequent to such cruelty perpetrated on her, she committed suicide on 24.9.2013 at 11.00 p.m.

3. Based on the complaint, investigation commenced in Crime No.82/13 and all the accused came to be arrested. Petitioner is father of 1st accused and is aged 66 years. 3

4. Learned counsel submits petitioner has not indulged in any act and if at all there is any case made out, it is against the 1st accused.

5. Sri V.M.Banakar, Addl. SPP for the State opposes bail on the ground the innocent life of a girl is lost because of suspicion created by the petitioner and others. It is alleged, petitioner has also indulged in harassing the girl consequent to which she committed suicide.

6. Though bail is opposed by the State, as could be seen, alleged harassment is the result of conduct of 5th accused and if what prosecution says is true, it indicts the 1st accused-husband of the woman for perpetrating cruelty. Petitioner’s role appears to be as abettor. In the given set of circumstances, as he has already been interrogated sufficiently, further detention would not be justified as he appears to be in advanced age of 66 years. Only on that basis I am inclined to allow this petition subject, of course, to the appropriate conditions.

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7. In the result, the petition is allowed. Petitioner is admitted to bail subject to the following conditions: 1) He shall execute a bond for Rs.25,000/- with one solvent surety for the like sum; 2) He shall appear before the SHO of complainant police station/investigating officer once in a week between 7.00 a.m. and 7.00 p.m. on every Sunday till filing of final report; and 3) He shall not tamper with prosecution material or prevail upon witnesses in any manner. SD/-

JUDGE

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