Karnataka High Court

CRL.P/9191/2017 of NAGARAJU Vs THE STATE OF KARNATAKA on 28 December 2017

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COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.9191/2017 BETWEEN: NAGARAJU S/O BYRE GOWDA AGED ABOUT 34 YEARS R/AT HIREHALLY B COLONY H.D. KOTE TALUK, MYSORE DISTRICT 34 ..PETITIONER (BY SRI

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28[TH]DAY OF DECEMBER, 2017.

BEFORE.

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL PETITION No.9191/201/

BETWEEN:

NAGARAJU_S/O BYRE GOWDA|AGED ABOUT 34 YEARS.R/AT HIREHALLY B COLONY,H.D. KOTE TALUK,MYSORE DISTRICT 34 PETITIONER

(BY SRI PRATHEEP K C., ADVOCATE)

AND:

THE STATE OF KARNATAKAREP. BY H.D. KOTE POLICE STATIONMYSORE DISTRICT|REP. BY ITSSTATE PUBLIC PROSECUTOR!HIGH COURT OF KARNATAKA.BENGALURU-O1 RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.439 OFCR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING.THAT THIS HON BLE COURT MAY BE PLEASED TO!ENLARGE THE PETITIONER ON BAIL IN CR.NO.242/2016|OF|H.D.KOTE|POLICESTATION,MYSURUAND|IN

S.C.NO.22/2017 PENDING ON THE FILE OF V ADDITIONAL.DISTRICT AND SESSIONS JUDGE, MYSURU FOR’ THEOFFENCE P/U/S 498(A) AND 306 OF IPC.

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

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ORDER

Heard learned counsel for petitioner and learned|HCGP for respondent.

2 |The substance of the complaint is that thepetitioner instigated his wife Jayasheela. Thecomplaint is lodged by Sri.Swamygowda, stating tnatnis daughter Jayasneela was given in marriage to thepetitioner about 9 years back and marital life wascordial in the beginning and the spouses begot afemale child through the wedlock and Deing unable to.tolerate the torture and cruelty of petitioner his wife-Jayasneela committed suicide. Petitioner is in judicialcustody from 03.10.2016. |

3

3. In the light of considering the facts andcircumstances of the case and stay of the petitioner in.

judicial custody, petitioner is entitled to be enlargedOn Dall.|

4Hence, the criminal petition isallowedThe]

petitioner-accusedISenlargedON)DallIn|Cr.No.242/2016(S.C.N0.22/2017).registeredby H.D.Kote Police Station, Mysuru, subject to the.following conditions; 8'Thepetitioner-accusedShall|executeapersonal bond for|41,00,000/- with a solvent.surety owning and possessing immovableproperties for the likesum.

88'Tne petitioner-accused snail not terrorize tne witnessesNO;|tamper|theprosecutionevidence in any manner.

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