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Umer Sharif vs State Of Karnataka By on 7 April, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 07TH DAY OF APRIL, 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.542 OF 2017

BETWEEN:

UMER SHARIF,
S/O. B. M. YUSUF SHARIF,
AGED ABOUT 34 YEARS,
R/O. 1ST MAIN, 1ST CROSS,
KALIDASA NAGAR,
HARIHARA,
HARIHARA TALUK – 573 130.
… PETITIONER

(By SRI. R. PRAMOD, ADV., AND
SRI. H. T. JAGADEESH, ADV.,)

AND:

STATE OF KARNATAKA BY
TOWN POLICE STATION,
HARIHARA,
HARIHARA TALUK,
DAVANAGERE DISTRICT – 573 131,
REP BY,
S. P. P. HIGH COURT OF KARNATAKA,
AT BENGALURU – 560 001.
… RESPONDENT

(By SRI. B. J. ESHWARAPPA, HCGP)
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THIS CRL.P IS FILED U/S.438 CR.P.C, PRAYING TO
ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS
ARREST IN CR. NO.163/2016 OF HASSAN TOWN P.S.,
DAVANAGERE, WHICH IS REGISTERED FOR THE
OFFENCE P/U/S 323, 498A, 307, 504, 506, 114 R/W 149
OF IPC AND SEC.3 AND 4 OF D.P.ACT.

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

ORDER

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent-State.

The respondent-police registered FIR against the

petitioner (accused No.1) and his family members

(accused Nos.2 to 5) in their Crime No.163/2016 in

respect of the offences punishable under Sections 323,

498-A, 307, 504, 506, 114 r/w Section 149 of IPC and

Sections 3 and 4 of Dowry Prohibition Act, 1961, on the

complaint of his wife.

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2. The allegation is, the accused persons

(husband and in-laws) used to harass the complainant

unnecessarily. On 24.03.2016, at the instigation of his

family members, accused No.1 assaulted the

complainant. The accused persons insisted her to get

loan amount of Rs.2,00,000/- from her parents,

otherwise to sell away her children. On the night of

16.09.2016, accused No.1 poured kerosene on her back

and set fire on her. Immediately, she left the

matrimonial home with her children.

3. Perused the wound certificate. During the

incident, the victim has suffered simple burn injuries on

the lateral aspect of chest and upper abdomen.

Incident had occurred on 16.09.2016 and the complaint

was lodged on 09.11.2016. Since it is a matrimonial

dispute, it is in the interest of justice that the parties
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shall be accommodated to sort out differences between

themselves.

4. Hence, the petition is allowed. The petitioner

is granted anticipatory bail in Crime No.163/2016

registered by the respondent-Police, subject to following

conditions:

(i) In the event of his arrest by the respondent-

Investigating Officer in respect of the above
case, he shall be released on bail on
executing a self bond for a sum of
Rs.50,000/- with one surety for the likesum.

(ii) He shall appear before the respondent-

Investigating Officer as and when called
upon for further investigation.

Sd/-

JUDGE

PMR

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