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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2018
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No. 5251 OF 2018
BETWEEN
1. Sri. Anjinappa,
S/o. Late Chikkanarayanappa,
Aged about 45 years,
2. Sri. Naveen Kumar.A,
S/o. Anjinappa,
Aged about 24 years,
Both Residing at
Manighatta Village,
Holur Hobli,
Kolar Taluk District,
Kolar-563101.
…Petitioners
(By Sri. M.R.Nanjunda Gowda, Advocate)
AND
The State of Karnataka
By Kolar Rural Police Station,
Represented by
State Public Prosecutor,
High Court of Karnataka,
Bengaluru-560001.
…Respondent
(By Sri. Chetan Desai, HCGP)
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This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.279/2018 of Kolar Rural Police Station, Kolar District
for the offences punishable under Sections 302, 304B and
498A read with 149 of IPC.
This Criminal Petition coming on for orders this day,
the court made the following:
ORDER
This is a petition under Section 439 Cr.P.C. The
petitioners are arrayed as accused No.2 and 5 respectively
in Cr.No.279/2018 registered by the respondent police for
the offences under Sections 498(A), 304(B), 302 read with
Section 149 IPC and Sections 3 and 4 of Dowry Prohibition
Act.
2. Heard the petitioners’ counsel and the High Court
Government Pleader.
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3. This case pertains to death of the wife of the 1st
accused. Accused No.2 is the brother of the 1st accused.
Accused No.5 is the son of the 2nd accused. Already this
court granted bail to accused No.3 and 4. The role of
these petitioners in the death of the wife of the 1st accused
has to be proved before the court. At this stage, prima
facie materials are not forth coming. Therefore petition can
be allowed. Hence the following:
ORDER
(a) Petition is allowed.
(b) Petitioners shall be released on bail in connection
with Crime No. 279/2018 registered by Kolar Rural Police
Station, Kolar District on each of them executing a bond
for a sum of Rs.1,00,000/- (Rupees One Lakh only) and
providing two sureties for the likesum to the satisfaction of
the trial Court. The petitioners are also subjected to the
following conditions:
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1) They shall regularly appear before the Court
during trial.
2) He shall not threaten the witnesses and
tamper with the prosecution evidence.
Sd/-
JUDGE
sd