Venkatesh @ Venkappa vs The State on 18 December, 2018

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Karnataka High Court

Venkatesh @ Venkappa vs The State on 18 December, 2018

Bench: John Michael Cunha

                           1


          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

    DATED THIS THE 18TH DAY OF DECEMBER, 2018

                       BEFORE

   THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

       CRIMINAL PETITION NO.201254/2018

BETWEEN:

VENKATESH @ VENKAPPAS/O ANJANEYA
PADMAKAR AGE:36 YEARS, OCC: COOLIE
R/O KHANAPUR VILLAGE,TQ. SHAHAPUR
DISTRICT YADGIRI-58542

                                      ... PETITIONER

(BY SRI SHIVA KUMAR MALIPATIL, ADVOCATE)


AND:

THE STATE THROUGH WADEGERA P.S.
REPRESENTED BY ADDITIONAL SPP.
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 107

                                     ... RESPONDENT

(BY SRI P.S.PATIL, HCGP)


     THIS CRL.P IS FILED U/S. 439 OF CR.P.C PRAYING
TO ALLOW THE PETITION AND ENLARGE THE PETITIONER
ON BAIL IN S.C. NO.70/2018, ON THE FILE OF DISTRICT
AND SESSIONOS JUDGE AT YADGIRI FOR THE OFFENCES
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PUNISHABLE UNDER SECTIONS 498A, 302, 304B, 201,
506 READ WITH SECTION 149 OF IPC AND UNDER SEC. 3
& 4 OF DOWRY PROHIBITION ACT,IN CRIME NO.176/2017
OF WADGERA POLICE STATION.


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


                             ORDER

This petition is filed under section 439 of Cr.P.C.

2. Petitioner is the husband of the deceased Shantamma. Both of them were working in a garment factory at Bangalore and they fell in love with each other. They entered into a registered marriage. After the marriage, the deceased started living with the petitioner and his brothers and sister namely accused Nos.2 to 5. It is alleged that the deceased had received a sum of Rs.5,00,000/- by way of compensation in respect of the death of her brother in a motor vehicle accident and the petitioners were asking her to part with the said money and in this background, on 05.12.2017, accused No.2 is stated to have held the legs of the deceased, accused No.3 3 held the hands of the deceased and accused No.1 strangulated the deceased with a lungi and thereafter, the dead body was left at the government hospital with the assistance of accused No.5.

3. Learned counsel for the petitioner submits that accused Nos.2 to 3 are already enlarged on bail by order of this court in Criminal Petition No.200748/2018; accused No.4 was enlarged on bail by the Sessions Court. Accused No.5 was released on bail by order of this court in Criminal Petition No.200424/2018.

4. There are allegations that the petitioner herein strangulated the deceased with a lungi and caused her death. The prosecution has relied on two eyewitnesses namely CWs.14 and 15 who have stated that they had seen the incident. However, the medical report indicates that the deceased died due to partial hanging. There is no material on record to show that the deceased was found hanging in the house.

5. Having regard to this discrepancy and in view of the fact that other accused persons are already enlarged on bail by this court, the petitioner is admitted to the benefit of bail.

6. Hence the following order: -

Petition is allowed.

a) Petitioner is ordered to be enlarged on bail on obtaining a bond in a sum of Rs.1,00,000/- (Rupees one Lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional court.

b) Petitioner shall appear before the Court as and when required.

c) Petitioner shall not threaten or allure the prosecution witnesses in whatsoever manner.

Sd/-

JUDGE VNR

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