IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4859/2019 BETWEEN:
1. SMT. ABHIDA BI, W/O RATTEHALLI BABU SAB, AGED ABOUT 60 YEARS, 2. RIHANA, D/O RATTEHALLI BABU SAB, AGED ABOUT 28 YEARS, BOTH RESIDENTS OF BAMBU BAZAAR, BEHIND SHANTHI TALKIES, HONNALI, DAVANAGERE DISTRICT – 577 217.
…PETITIONERS (BY SMT. MANGALA R ANGADI, ADVOCATE FOR SRI.M.S.NAGARAJA, ADVOCATE) AND:
STATE OF KARNATAKA, BY STATION HOUSE OFFICER, HONNALI TOWN POLICE STATION, HONNALI, DAVANAGERE DISTRICT.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU – 560 001.
…RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.126/2019 OF HONNALI POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S 504, 323, 498-A, 324, 114, 307, 506 R/W SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard. Perused the records.
2. The complainant one Smt.Nasreen Taj, wife of Munna Pailwan, resident of Honnali Taluk, had lodged a complaint against accused persons alleging some ill treatment and harassment on her in demand of dowry. It is not in dispute that the said Nasreen Taj is the wife of accused No.1-Munna Pailwan and accused Nos.2 to 5 are the relatives of accused No.1. It is also alleged that on 23.5.2019, accused No.1 took the complainant to his mother’s house and there all the accused persons attempted to kill her. When she tried to ran away from their clutches, all the accused persons threw chilly powder and attempted to throttle her neck. On the above said allegations, the police have registered a case in Crime No.126/2019 for the offences punishable under Sections 504, 323, 498A, 324, 114, 307, 506 read with Section 34 of IPC.
3. Accused No.1 against whom similar allegations are made has already been released on bail by the I Additional District and Sessions Judge at Davanagere, in Crl.Misc.No.632/2019 dated 20.6.2019. Further the other accused namely accused Nos.4 and 5 have also been released in Crl.Misc.No.716/2019 dated 27.6.2019 by the same Court. As could be seen from the entire materials on record, there are no separate and distinct allegations made against the petitioner when compared to the allegations made against other accused persons who are released on bail. The allegations are intertwined and are not distinguishable at this stage. Therefore, under the above circumstances, the petitioners are entitled to be enlarged on bail on the ground of parity. Even otherwise, there is nothing to show that the complainant has suffered any injury at the hands of the accused persons and there is any life threat to the complainant. The offences are not punishable either with death or imprisonment for life.
4. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.126/2019 of Honnali Police Station registered against them for the offence punishable under Sections 504, 323, 498A, 324, 114, 307, 506 read with Section 34 of IPC., subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs. 50,000/- each (Rupees Fifty Thousand) only with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/- JUDGE *alb/-.