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Judgments of Supreme Court of India and High Courts

Siddamma vs The State Of Karnataka on 20 August, 2019

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

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