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2015 DIGILAW 577 (KAR)

K. Krishnappa Naidu v. State of Karnataka

2015-06-04

CHANDRA SHEKARA

body2015
ORDER : 1. Heard the learned Counsel for the petitioner and the learned Government Pleader appearing for the respondent-State. 2. Petitioner is the accused 2 in Crime No. 144 of 2015 on the file of Channamanakere Achukattu Police Station. Offences alleged against all the accused are under Sections 498-A, 304-B and 302 read with Section 34 of Indian Penal Code, 1860. The petitioner-accused 2 is injudicial custody since 14-4-2015 and hence regular bail under Section 439 of Criminal Procedure Code, 1973 is filed. 3. The allegation against this petitioner and his son is that they were ill-treating the deceased both physically and mentally in order to pressurise her to bring additional dowry from her aunt's house. The deceased was unable to bear the torture. It is alleged that the present petitioner and his son murdered her and the dead body was positioned in such a way to demonstrate that she committed suicide. 4. The learned Government Pleader has vehemently opposed the bail application on the ground that there is prima facie case is forthcoming in regard to offences alleged against the petitioner and that it is too premature to disbelieve the same. It is argued that investigation is still in progress and presence of accused is required. Hence, it is requested to dismiss the bail application filed by the petitioner-accused. 5. Perused the records inclusive of first information lodged by Vinay K. the brother of the deceased. Admittedly, marriage of the deceased had been solemnised with the accused 1, who is son of this petitioner in September 2012. The first information further discloses that this petitioner, his wife and son were torturing the deceased physically and mentally so as to bring the additional dowry. Further, the first information discloses that the deceased and her husband were living separately for some time, which is the out come of arrangements made after convening a panchayat. They were living in a house bearing No. 33, 6th Main, 5th Cross, Lakshmanappa Garden, Banashankari III Stage, Bangalore. In the said panchayat convened earlier, deceased had been directed not to go to her house. Admittedly, death took place in the house where she and her husband were living. 6. Major portion of the investigation is completed. They were living in a house bearing No. 33, 6th Main, 5th Cross, Lakshmanappa Garden, Banashankari III Stage, Bangalore. In the said panchayat convened earlier, deceased had been directed not to go to her house. Admittedly, death took place in the house where she and her husband were living. 6. Major portion of the investigation is completed. The petitioner is aged 67 years and he has also undergone cardiac surgery on 19-1-2015 as per the medical records issued by Sri Jayadeva Institute of Cardiovascular Sciences and Research, Bangalore. Further, it is argued that the death took place in the house of accused 1 and not in the house of present petitioner. 7. The petitioner is a permanent resident of Bangalore City having deep roots in the community. Admittedly, petitioner has been in judicial custody. The petitioner undertakes to abide by any conditions that may be imposed by this Court. Thus, the apprehension of the learned Government Pleader could be met with by imposing suitable conditions. Accordingly, the following:- ORDER 1. Bail application is allowed. Petitioner-accused - K. Krishnappa Naidu is ordered to be released on bail on executing a personal bond for Rs. 1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction the concerned Court. 2. He shall not hold out threats to the prosecution witnesses and shall not try to lure them in any manner. 3. He shall not involve himself in any such kind of activities. 4. He shall mark his attendance before the jurisdictional police on every second Sunday between 9 a.m. to 5 p.m. till the completion of the case. 5. It is made clear that if he does not comply with any one of the conditions imposed on him, the prosecution is at liberty to seek cancellation of the bail.