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Sunil S/O Baluvanthappa Gundami vs The State Of Karnataka on 10 September, 2018

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 10 t h DAY OF SEPTEMBER 2018

BEFORE

THE HON’BLE MRS.JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No .101533 OF 2018

BETWEEN:

SUNIL S/O BALUVANTHAPPA GUNDAMI
AGE: 23 YEARS,
OCC: PVT. SERVICE,
R/O: HOUSE NO.48
GURUNATH NAGAR,
ANAND NAGAR ROAD,
OLD HUBBALLI,
HUBBALLI.
… PETITIONER
(By Sri. HARSHAWARDHAN M.PATIL ADV.)

AND:

THE STATE OF KARNATAKA
THROUGH OLD HUBBALLI POLICE STATION,
REPRESENTED BY STATE P.P.,
HIGH COURT OF KARNATAKA,
BENCH AT: DHARWAD.
… RESPONDENT
(By Sri.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., SEEKING TO ENLARGE THE
PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN OLD
HUBBALLI P.S.CRIME NO.105/2018 PENDING ON THE FILE
OF IV ADDL. CIVIL JUDGE AND JMFC, HUBBALLI FOR THE
OFFENCES PUNISHABLE U/SEC.498A AND 306 R/W SEC.34
OF IPC.
:2: Crl.P. No.101533/2018

This Petition coming on for Orders, this day the Court
made the following:-

ORDER

The petitioner is accused No.1 in Crime

No.105/2018 of Old Hubballi Police station. The

said case is registered ag ainst the petitioner and his

two sisters for the offences punishable under

Sections 498A and 306 read with Section 34 of the

Indian Penal Code, 1860 on the basis of the

complaint of Vishwanath Panchayya Hiremath.

2. It is alleg ed that the petitioner and

complainant’s daughter Geeta were stud ying in the

same colleg e, they fell in love and married on

21.04.2018. It is further alleg ed that since both of

them belong to different relig ions, their marriage

was not accepted by the family of the p etitioner and

accused Nos.2 and 3 were making prep arations for

performing the second marriag e of the petitioner. It

is alleged that being frustrated by that, Geeta
:3: Crl.P. No.101533/2018

committed suicide on 07.06.2018 at 05.30 p.m. in

the house of the petitioner by hanging herself.

3. The maximum punishment p rescribed for

the major offence i.e., the offence punishable und er

Section 306 IPC is ten years. It is submitted that

the statement of the material witnesses are already

recorded. The petitioner is hardly 28 years old.

Accused Nos.2 and 3, ag ainst whom the alleg ations

of attempt to p erform second marriag e are leveled,

have b een g ranted bail by the jurisdictional Court.

Petitioner is in jud icial custody since from

07.06.2018. Having regard to the aforesaid facts, it

is a fit case to grant b ail with suitab le cond itions.

4. Therefore, the petition is allowed. The

petitioner is granted bail in Crime No.105/2018 of

Old Hubb alli Police Station. He shall b e released on

bail in the said case sub ject to the following

cond itions:

(i) The petitioner shall execute personal
bond in a sum of Rs.25,000/- (Rupees
:4: Crl.P. No.101533/2018

Twenty-five Thousand only) and furnish
one surety in the like-sum to the
satisfaction of the Magistrate / Court;

(ii) He shall appear before the
Investigating Officer / Court as and
when required for the purpose of
investigation / trial and co-operate for
the trial;

(iii) He shall not tamper the prosecution
witnesses in any manner.

Sd/-

JUDGE

RK/-

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