IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 18’” DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10335/2011 Between: 1. Nagaraj S/o.Huchappa Hadapad, Age 30 years, 0cc.: Agriculture, R/o.B. Hosahalli, Tq. & Dist.: Koppal. 2. Huchappa S/o.Ningappa Hadapad, Age 65 years, 0cc.: Agriculture, R/o.B.Hosahalli, Tq. & Dist.: Koppal. Petitioners (By Sri.Neelendra D. Gunde, Advocate) And: State of Karnataka, By Koppal Rural Police Station, Represented by the State Public Prosecutor, High Court Building, Dharwad-58000 1. Respondent (By Sri.Anand K. Navalgimath, HCGP) This criminal petition is filed under Section 439 of Cr.P,C. seeking to enlarge the petitioners on bail in Crime No.18/2011, registered for the offences punishable under Section 498(A), 304B, r/w 34 of ICP & 3 & 4 of D.P. Act, on the file of Koppala Rural Police Station. This petition coming on for orders this day, the Court made the following: -2- ORDER The petitioners who are the husband and father-in-law of the deceased Mallamma seek bail, following the case registered against them and others in Crime No.18/2011 in respect of the offences under Sections 498(A) and 304-B read with 34 of IPC, 3 and 4 of the Dowry Prohibition Act. 2. The prosecution case in short is that, Mallamma was given in marriage to one Nagaraj and after the marriage they were demanding dowry despite 50,000/- having been given as dowry at the time of marriage. On account of dowry harassment, deceased was given mental and physical ill treatment by the accused and finally her dead body was found in the field with half of the body being burnt. 3. Petitioners counsel submits that the main allegations are against the husband i.e. Nagaraj and not against other accused persons and moreover Nagaraj used to take drinks very often and therefore the other petitioners can be released on bail. 4. Learned High Court Government Pleader also submitted that accused No.1 who is the husband of Malimma was harassing Mallamma demanding dowry and was assaulting her. 5. Having thus heard both sides, in view of the 2nd petitioner who is said to be father-in-law, he ay be released on bail by imposing conditions, hence, I pass the following order. ORDER i) Petitioner No.2 be released on bail subject to furnishing personal bond for 25,OOO/- with two sureties for the likesum to the satisfaction of the trial Court. ii) He shall not tamper with the evidence in any manner. iii) He shall mark his attendance before the jurisdictional Police Station, on every Saturday between 10.00 a.m and 5.00 p.m. iv) He shall not involve himself in like offences in future. -4- v) He shall not leave the head quarters without previous permission of the jurisdictional Magistrate. vi) However the bail petition is dismissed as against the 1st petitioner Nagaraj is concerned. sdI iUDG Vnp*