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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 17^TH DAY OF JUNE 2021

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101037/2021

BETWEEN:

RAMESH S/O. MALLAPPA PUJARI,

AGE 21 YEARS, OCC: AGRICULTURE,

R/O. MANTUR VILLAGE,

TQ. MUDHOL, DIST. BAGALKOT - 587103

...PETITIONER

(BY SRI. S.S.YADRAMI, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

BY MUDHOL POLICE, MUDHOL,

REP. BY ADDITIONAL STATE PUBLIC

PROSECUTOR, HIGH COURT OF KARNATAKA,

DHARWAD BENCH - 580011

... RESPONDENT

(BY SRI. RAMESH CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER

SECTION 439 OF CR.P.C., PRAYING TO ALLOW THE

PETITION

AND

ORDER

TO

RELEASE

THE

PETITIONER ON BAIL IN MUDHOL P.S. CRIME

NO.140/2020 FOR THE ALLEGED OFFENCES UNDER

SECTION 302 AND 201 OF IPC, PENDING ON THE

FILE

OF

PRINCIPAL

CIVIL

JUDGE

AND

JMFC,

MUDHOL.

2

THIS CRIMINAL PETITION COMING ON FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by the accused under

Section 439 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the 8Cr.P.C.9,

for brevity) seeking bail in Crime No.140/2020

of Mudhol Police Station, registered for the

offences punishable under Sections 302 & 201

of The Indian Penal Code (hereinafter referred

to as the 8IPC9, for brevity).

2.

The case of the prosecution is that,

one Siddaramappa Gasti the father of the

deceased

Kavitha

@

Pushpa

has

filed

a

complaint stating that, his daughter Kavitha @

Pushpa

was

given

in

marriage

to

the

petitioner/accused

No.1

on

17.02.2020

at

Mantur village and at that time a sum of

3

Rs.25,000/- and one tola of gold was given as

dowry as demanded. After the marriage, his

daughter went to lead marital life and after

eight days, the petitioner, his parents and his

brother started harassment that she does not

know household work and demanded additional

dowry and meted out mental cruelty, which the

deceased

revealed

the

same

before

the

complainant for which he advised her to adjust

herself for her better future. It is further

stated that the complainant9s mother-in-law

has

expired

on

20.09.2020

and

his

said

daughter had been to convey the condolence

and she told the complainant that her husband,

In-laws

and

husband9s

brother

have

been

harassing, assaulting and demanding additional

dowry and on 04.10.2020 he had taken her

back to her husband9s house and advised them

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to take care of his daughter. It is further

stated that, on the previous day of the date of

complaint, the said daughter had phoned him

around 4.00 p.m. and told that her husband,

In-laws and her husband9s brother had been

harassing her that she does not work properly

in the household work and also demanding

additional dowry for which he said to have told

his daughter that within two days he will come

with the elders and advise the petitioner9s

family member. It is further stated that, on

06.10.2020 at around 4.00 a.m. one Laxman

Walikar came to him and informed that his

daughter

Kavitha

has

expired

and

and

informing other family members and elders he

came to Mantur village and saw the dead body

of his daughter on a cot and there were marks

on both sides of her neck and alleges that the

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petitioner, his father and mother and his

brother

demanding

additional

dowry,

have

meted out cruelty and between 4.00 p.m. of

05.10.2020 and 4.00 a.m. of 06.10.2020, the

accused

have

committed

murder

of

his

daughter. The said complaint came to be

registered

in

Crime

No.140/2020

for

the

offences punishable under Sections 498A, 304B

of

IPC

and

Sections

3

and

4

of

Dowry

Prohibition Act and Section 302 read with

Section 34 of IPC. The Investigating Officer has

not filed charge-sheet against the parents and

brother of petitioner/accused No.1 and charge-

sheet has only filed for the offence punishable

under Sections 302 and 201 of IPC and the

charge