IN THE HIGH COURT OF KARNATAKA
DATED THIS THE 15TH DAY OF JUNE, 2018
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.200362/2018
Siddappa S/o Shankreppa,
Age : About 25 Years,
Occ : Driver,
Tq. Dist. Kalaburagi-585 108.
(By Sri Biradar Viranagouda, Advocate)
The State of Karnataka,
Through Ferthatabad Police Station,
Kalaburagi – 585 108.
(By Sri Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner/accused No.5
on bail in crime No.6/2018 of Ferthatabad Police
Station, Tq. Dist. Kalaburagi, for the offences
punishable under Sections 143, 147, 504, 302, 304B,
201, 149 of IPC, which is pending before the II Addl.
Civil Judge (Jr.Dn.) JMFC, Kalaburagi.
This petition is coming on for orders this day, the
Court made the following:
2. Petitioner is accused No.3 in Crime
No.6/2018 of Ferhatabad Police Station, which is now
pending in CC No.2634/2018 before the 2nd Addl. Civil
Judge and JMFC, Kalaburagi. Petitioner and nine
others are charge sheeted in the said case for the
offences punishable under Sections 143, 147, 504,
498A, 304B, 302, 201, 114 read with Section 149 IPC
and Sections 3 and 4 of the Dowry Prohibition Act.
3. Accused No.1 was married to victim
Bhagyashree about six years back. Accused Nos.2, 4
and 5 are the relatives of accused No.1. Other accused
are neighbors of accused No.1. It is alleged that
accused Nos.1, 2, 4 and 5 subjected Bhagyashree to
cruelty in connection with the demand for dowry.
4. It is further alleged that on 18.01.2018 at
5.00 p.m. accused No.3 named in the charge sheet
picked-up quarrel with Bhagyashree in the matter of an
accident occurred to her dog. It is alleged that on the
same day at 10.00 p.m. accused Nos.1 to 3 took her
near the well of the village, committed her murder and
dropped the dead body in the well to conceal the
evidence of offence. It is alleged that accused Nos.4 to
10 abetted for commission of offence.
5. The sole eye witness to the incident as per
charge sheet is CW.9 – Sunandkumar. In paragraph
No.3 of his statement he states that he over heard the
accused abusing Bhagyashree, the other accused
abetting the first accused to throw her in the well and
heard the sound of throwing in the well.
6. Under these circumstances, it is a fit case to
grant bail to the petitioner, with suitable conditions. The
petition is allowed accordingly. The petitioner is granted
bail in Crime No.06/2018 of Ferhatabad Police Station,
which is now pending in C.C.No.2634/2018 before the
II Addl. Civil Judge and JMFC Court, Kalaburagi.
7. The petitioner shall be released on bail in the
said case subject to the following conditions ;-
1. The petitioner shall execute personal bond
in a sum of Rs.25,000/- (Rupees Twenty
Five Thousand only) and furnish one surety
in the likesum to the satisfaction of the
2. He shall appear before the Court as and
when required and co-operate for trial.
3. He shall not tamper the prosecution
witnesses by threats, inducement or