Karnataka High Court
Shivalinganagouda S/O.Shankaragouda ... vs State Of Karnataka Through Hangeri ... on 27 August, 2010
oo Dharwad. .. Respondent IN THE HIGH COURT OF KARNATAKA. - CIRCUIT BENCH AT DHARWAD DATED THIS THE 277% DAY OF AUGUST 2010. BEFORE THE HON'BLE MR. JUSTICE ARALI NAGARAJ | CRIMINAL PETITION NO.7950/2010 BETWEEN: Shivalinganagouda | ae . S/o. Shankaragouda Gangnageudra, Aged about 37 years, Oce: Agriculturist,. Rjo.Teradaballs,. Tq: Ranébenriur, °° 7 Dist-Haveri. 9 0°. 0.) .. Petitioner (By Sri.Arvind D. Kulkarii, Advocate.) AND: | . State of Karnataka Throtush. Hanegeri Police Station, Rep: By State Public Prosecutor High Court of Karnataka High Court Building (By Sii.V.M.Banakar,HCGP.} This Criminal Petition is filed under Section . 439 Cr.P.C. seeking to enlarge the petitioner on bail in Halgeri Police Station, in S.C.N0.40/2010 registered by the Halgeri Police Station for the offences punishable under Section 498A of IPC. ee ee eal "deceased wife of the petitioner. However, the Bad This Criminal Petition coming on for orde rs this day, the Court made the following: ee ORDER
The petitioner herein' is accused Now 1 oin S.C.No.40/2010 pending on" the file. of 'the =.
learned Sessions Judge, Hever, Bis charge sheeted for the otfences "punishable under Section 498-A and 206, of Ipc ead with Section 34 of IPC.
2. Initially, the time was registered against this" petitioner r(Al}) and also against another accused(A2 for the offences punishable under § Seciions. 498A and 302 of IPC read with Section 34. 'of IPC. in respect of death of the cha rge " sheet has been placed against the present petitioner only for the offences under Sections 498A and 306 of [PC and the other accused has been dropped.
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3. Stated in brief the case of the -- prosecution is that this petitioner-accused, being husband of the deceased, was ill- treating her in connection with Jiis de ma snd for gold"
ornaments and money from her parents, It is pertinent to note that "details oot acts ill- treatment by the petitioner- accused to the deceased are not found | in 'the Col olaint filed by the mother of the Jeceased. "whether, the ill- treatment. alleged to have been given by the petitioner: accused to his deceased wife was of such at nature as to drive her to commit suicide by "hanging herself house of the accused is fact i nN to-be established by the prosecution during trial of the case.
nt = ee 4, Further, it is very case of the nw _ prosecution that the petitioner-accused has been residing at the address shown in the bail a moi petition. Therefore, the apprehension of the | prosecution that he may misuse liberty if he -is eranted bail may be met with bY imposing - suitable conditions. Hence the following: oa. ORDER The present petition | filed. under Section 439 of Cr.P.C. is hereby: allowe a. 'The petitioner herein shall be. enlarged "on pail on his furnishing #@ seit, bond» for. Rs. 40, O00/- along with one) surety for" the iikesum to the satisfac' ion "oF. the: Committal/Trial Court and sibject to conditions that:
aj he 'shall: 'not dicectly or indirectly threaten the prosecution witnesses nor shali he tamper with the pr osecution evidence.
Lb) he: shall attend the Trial Court on "all the dates of hearing unless his persenal attendance is dispensed with for valid reasons.
Sd/-
JUDGE py