1 Crl.P.No.200961/2019
C/w Crl.P.No.200960/2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF AUGUST, 2019
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.200961/2019
C/W
CRIMINAL PETITION No.200960/2019
IN CRIMINAL PETITION NO.200961/2019
BETWEEN:
BHEEMANNA S/O TIMMANNA NAYKODI
AGE: 58 YEARS OCC: AGRICULTURE
R/O: GVASARA DIBBI, KAMANATAGI TALUKA
HUNASAGI DISTRICT YADGIRI.
… PETITIONER
(BY SRI S.S. ASPALLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH
KODEKAL POLICE STATION
REPRESENTED BY ADDL. SPP
… RESPONDENT
(BY SRI P.S. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C PRAYING TO ALLOW THE
PETITION AND RELEASE THE PETITIONER ON BAIL IN
CRIME NO.25/2019 OF KODEKAL POLICE STATION
UNDER SECTIONS 498A, 302 READ WITH SECTION 34
SectionIPC PENDING BEFORE CIVIL JUDGE AND JMFC
SHORAPUR.
2 Crl.P.No.200961/2019
C/w Crl.P.No.200960/2019
IN CRIMINAL PETITION NO.200960/2019
BETWEEN:
SIDDAMMA W/O BHEEMANNA
AGE: 52 YEARS OCC: HOUSEHOLD
R/O: GVASARA, DIBBI, KAMANATAGI TALUKA
HUNASAGI DISTRICT YADGIRI.
… PETITIONER
(BY SRI S.S. ASPALLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH
KODEKAL POLICE STATION
REPRESENTED BY ADDL. SPP
… RESPONDENT
(BY SRI P.S. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 CR.P.C PRAYING TO ALLOW THE
PETITION IN CRIME NO.25/2019 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498A, 302 READ
WITH SECTION 34 SectionIPC OF KODEKAL POLICE STATION,
PENDING BEFORE THE CIVIL JUDGE AND JMFC
SHORAPUR AND ISSUE DIRECTIONS TO THE
SHORAPUR POLICE STATION TO RELEASE THE
PETITIONER ON BAIL FORTHWITH IN THE EVENT OF
HER ARREST IN CRIME NO.25/2019.
THESE PETITIONS ARE COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
3 Crl.P.No.200961/2019
C/w Crl.P.No.200960/2019
ORDER
Petitioners are accused No.2 and 3 in Crime
No.25/2019 of Kodekal Police Station. The said case
was registered for the offences punishable under
Sections 498A, Section302 read with Section 34 IPC, on the
basis of complaint of Sri Gangappa s/o Jetteppa Kuri.
02. Petitioners are parents of accused No.1.
Marriage of accused No.1 and victim – Devamma was
solemnized about 08 years prior to her death. On
04.05.2019 at 04.00 a.m. Devamma met homicidal
death in the house of the accused.
03. It is alleged during intervening night on
3/4.05.2019 accused No.1 throttled Devamma and
murdered her and represented that she has committed
suicide. It is alleged in the complaint that petitioners
subjected the deceased to cruelty for petty reasons.
4 Crl.P.No.200961/2019
C/w Crl.P.No.200960/2019
04. Petitioner in Crl.P.No.200961/2019 is in
judicial custody since 07.05.2019. Petitioner in
Crl.P.No.200960/2019 is apprehending his arrest in the
said case. Therefore, they have filed aforesaid petitions
for bail and anticipatory bail.
05. As per post mortem report the death was
homicidal one. As per complaint itself only accused No.1
was actual assailant. The only allegation against the
petitioners is that they were harassing the victim for
petty reasons stating that she does not know household
works etc., The offence under Section 498A imputed
against the petitioners carries imprisonment upto 03
years.
06. As per the learned High Court Government
Pleader the investigation is already concluded. Having
regard to the facts and circumstances of the case and
the material on record, it is a fit case to grant bail and
anticipatory bail as prayed for.
5 Crl.P.No.200961/2019
C/w Crl.P.No.200960/2019
07. Therefore, the petitions are allowed. The
petitioner in Criminal Petition No.200960/2019 is
granted anticipatory bail and petitioner in Criminal
Petition No.200961/2019 is granted bail in Crime
No.25/2019 of Kodekal Police Station.
08. If the petitioner in Criminal Petition
No.200960/2019 is arrested in the aforesaid case, she
shall be released on bail and the petitioner in Criminal
Petition No.200961/2019 shall be released on bail in
the aforesaid case subject to the following:
CONDITIONS
i. Accused No.3 shall appear before the
Investigating Officer within ten days from
the date of receipt of copy of this order.
ii. The petitioners shall execute personal
bonds in a sum of Rs.25,000/- (Rupees
Twenty – Five Thousand Only) each and
furnish two sureties in the likesum to the
satisfaction of the Investigating Officer /
Magistrate for their appearance before the
Court.
6 Crl.P.No.200961/2019
C/w Crl.P.No.200960/2019
iii. The petitioners shall appear before the
Investigating Officer/Magistrate as and
when required for the purpose of
investigation/trial.
iv. The petitioners shall not tamper the
prosecution witnesses by threats,
inducement or otherwise.
Sd/-
JUDGE
KJJ