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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF APRIL 2017
BEFORE
THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.100594/2017
BETWEEN:
SMT.GODAVARI
W/O BHIMASINGH RAJPUT
AGE: 59 YEARS
OCC: HOUSEHOLD
R/O JAYANAGAR MUDHOL
TQ: MUDHOL, DIST: BAGALKOT
…PETITIONER
(BY SRI V.G.BHAT, ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH THE CPI, MUDHOL
R/BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH
… RESPONDENT
(BY SRI PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., SEEKING TO GRANT ANTICIPATORY BAIL
TO THE PETITIONER IN MUDHOL POLICE STATION CRIME
NO.253 OF 2016 AND IN C.C.NO.1899 OF 2016 PENDING
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ON THE FILE OF PRL.CIVIL JUDGE AND JMFC, MUDHOL
REGISTERED FOR THE ALLEGED OFFENCES UNDER
SECTION 498A, 504, 323, 302 R/W SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT, MADE THE FOLLOWING:
ORDER
This is the petition filed by petitioner-accused No.2
under Section 438 of the Cr.P.C., seeking anticipatory bail
to direct the respondent-police to release her on bail in the
event of her arrest for the alleged offence punishable
under Sections 498A, 504, 323, 302 r/w Section 34 of
I.P.C. registered in respondent-police station Crime
No.253/2016 and after the demise of the injured and as
per the request made by the police, an offence under
Section 302 of I.P.C. was also inserted in the case.
2. The allegations as per the complaint that on
04.09.2016 when the son of petitioner and his wife Ashwini
were in the house, at that time kerosene stove was burst
while cooking and the son of petitioner and his wife have
sustained burn injuries. Immediately they have been
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shifted to hospital for treatment. But unfortunately
daughter-in-law of the petitioner died due to injuries on
13.09.2016. In the meantime on 06.09.2016 the brother
of the deceased had filed a complaint against the
petitioner. On the basis of the said complaint, a case came
to be registered for the said offences.
3. Heard the arguments of learned counsel
appearing for the petitioner/accused No.1 and learned High
Court Govt. Pleader for the respondent-state.
4. I have perused the grounds urged in the
petition, FIR and complaint and also other materials
produced so also the bail order by the learned Sessions
Judge rejecting the bail petition.
5. Looking to the complaint averments and also
the other materials produced in the case by learned
counsel for the petitioner, it is no doubt true so far as the
petitioner/accused No.2 is concerned also there are some
allegations in the complaint, but these allegations only to
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the effect that the present petitioner/accused No.2 was
also giving ill-treatment to the deceased stating that she
does not know to prepare the food properly and she was
not providing food to her. Except this allegation in the
complaint, there is no allegation so far as the petitioner/
accused No.2. Looking to the complaint averments even
with regard to the allegation of pouring kerosene and
litting fire is only against accused No.1. The petitioner/
accused No.2 contended in the bail petition that she was
innocent and not involved in committing the said offence.
She is ready to abide by any reasonable conditions to be
imposed by the Court. Looking to the materials placed on
record so also she is a woman, aged about 59 years as
mentioned in the cause title of the petition, which fact is
not disputed by the other side, I am of the opinion that by
imposing reasonable conditions, she can be admitted to
bail.
6. Hence, petition is allowed. Petitioner-accused
No.2 is ordered to be released on bail. The respondent-
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police are hereby directed to enlarge the petitioner-
accused No.2 on bail in the event of her arrest for the
alleged offence registered in respondent-police station
Crime No.253/2016, subject to the following conditions:
a. Petitioner shall execute a personal bond for a
sum of Rs.1,00,000/- with one surety for the
likesum to the satisfaction of arresting authority.
b. Petitioner shall not tamper with the prosecution
witnesses directly or indirectly.
c. Petitioner shall appear before the concerned
Investigating Officer as and when called for
interrogation.
d. Petitioners have to appear before the concerned
Court within 30 days from the date of this order
and to execute the personal bond and the surety
bond.
Sd/-
JUDGE
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