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Sunanda W/O Bharamappa Banajwad vs The State Of Karnataka on 26 April, 2018

:1:

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

ON THE 26TH DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.100469 OF 2018

BETWEEN

SUNANDA W/O BHARAMAPPA BANAJWAD
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOTE.
… PETITIONER
(BY SRI. VITTHAL S. TELI, ADV.)

AND

THE STATE OF KARNATAKA
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD,
THROUGH TERDAL POLICE STATION,
TERDAL, TQ: JAMKHANDI, DIST: BAGALKOTE.
… RESPONDENT
(BY SRI.V.M.BANAKAR, ADDL. SPP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO GRANT REGULAR BAIL AND
PETITIONER / ACCUSED NO.2 ENLARGED ON BAIL IN TERADAL
P.S. CRIME NO.01/2018 PENDING ON THE FILE OF CIVIL JUDGE
JMFC COURT, BANAHATTI OFFENCES UNDER SECTIONS 498A,
302, 201 READ WITH SECTION 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER

Heard the learned counsel for the petitioner and the

learned Additional SPP for the State.

2. The petitioner is accused No.2, the mother-in-

law of the deceased, against whom charge sheet is laid

alleging commission of offences punishable under Sections

498A, 302 and 201 read with Section 34 of IPC.

3. The deceased married accused No.1 four years

earlier to the incident. It is alleged that after the marriage,

the deceased was subjected to ill-treatment and

harassment by accused No.1 and accused No.2 demanding

additional dowry. On the intervening nights of

5/6.01.2018, the accused persons are alleged to have

committed the murder of the deceased by strangulating

her neck and thereafter, without informing the matter to

any of the relatives of the deceased, burnt the dead body

in the garden land.

4. Having regard to the seriousness of the charge

and the prima facie evidence collected by the Investigating
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Agency, this is not a fit case to enlarge the petitioner on

regular bail.

However, learned counsel for the petitioner submits

that the petitioner is a woman and she is suffering from

serious ailments, he seeks for enlargement of the

petitioner on medical ground.

As no documents are produced in respect of the

alleged ailment, reserving liberty to the petitioner to seek

bail on medical ground if necessary, the petition is

dismissed.

Sd/-

JUDGE

Rsh

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