IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6719 OF 2017 BETWEEN SRI GANESH DHAMI S/O JUSEDH DHAMI AGED ABOUT 35 YEARS R/O YARAPPA GARDEN TAVAREKERE VILLAGE TAVAREKERE HOBLI BANGALORE – 562 130 AND ALSO R/O NATIVE OF MUD VILLAGE GABISH PANCHAYATH BAJAN DISTRICT, NEPAL STATE (BY SRI. MOHAN KUMAR.D., ADV.,) AND STATE OF KARNATAKA BY MAGADI POLICE STATION RAMANGARA DISTRICT REPRESENTED BY GOVERNMENT PLEADER HIGH COURT COMPLEX BANGALORE – 560 001 (BY SRI. S. VISHWAMURTHY, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.189/2016 OF MAGADI POLICE STATION, RAMANAGARA AND S.C.NO.78/2016 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, FOR THE OFFENCE P/U/S 114, 302, 201 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner/accused No.3 along with two others is charge sheeted by the respondent police for the offence punishable under Sections 114, 302, 201 read with Section 34 of IPC.
2. The allegation is, the second accused and the deceased are the wives of the complainant-Dan Bahaddur. The second accused was unhappy with her husband and felt that her husband is neglecting her, she decided to finish off the deceased. In this regard, she disclosed the matter with the petitioner and formed an idea. On 05.07.2016, along with accused No.1 she assaulted the deceased with lethal weapon and disposed the property in a gutter etc., 3. Learned counsel for the petitioner submits that no incriminating material was seized from the possession of this petitioner.
4. Having regard to the specific role attributed to this petitioner, petition is allowed subject to following conditions:
i) Petitioner is enlarged on bail on executing a self bond for Rs.1,00,000/- (One Lakh Rupees Only) with one local surety for the likesum.
ii) He shall attend the court regularly on all the hearing dates.
iii) He shall not threaten the complainant and his family members.
Sd/- JUDGE Bsv