IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2641 OF 2017 BETWEEN:
Sri Rajappa @ Munirajappa S/o Ramappa @ Rajappa Aged about 63 years Residing at Shamshethihalli village Masthi Hobli Malur Taluk-563139. …PETITIONER (By Sri.Ramakrishna Hegde, Adv. for Sri.Veeranna.G.Tigadi, Adv.) AND:
State of Karnataka, Represented by the Sub-Inspector of Police Masthi Police station Masthi, Malur Taluk, Represented by the SPP High Court of Karnataka, Bengaluru-560001. ...RESPONDENT (By Sri.S.Vishnu Murthy, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.35/2016 (S.C.No.159/2016) of Masti P.S., Kolar District for the offence punishable under Sections 498A, 304B r/w Section 34 of IPC and Sections 3 and 4 of the D.P.Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Learned High Court Government Pleader is directed to take notice for the respondent.
2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.
3. The petitioner is chargesheeted by the respondent- police in respect of the offences punishable under Sections 498A, 304B r/w Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. He is arrayed as accused No.3.
4. The allegation of the prosecution is, accused persons tortured the deceased Sunitha (daughter-in-law of this petitioner) which lead her to commit suicide by setting herself ablaze in the matrimonial home on 27.3.2016 at 2.30 p.m.
5. The first and the second accused i.e., the wife and the son of this petitioner are enlarged on bail in Crl.P.No.5521/2016 dated 5.10.2016 and Crl.P.No.8017/2016 dated 30.11.2016 respectively. In that view of the matter, there is no impediment to allow the petition.
6. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.35/2016 registered by the respondent-police, on the following conditions:
(i) He shall execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall not tamper with any of the prosecution witnesses directly or indirectly.
(iii) He shall appear before the concerned Court regularly on all hearing dates.
bkp Sd/- JUDGE