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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 30^th DAY OF SEPTEMBER 2020

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.101106/2020

BETWEEN:

1.

GALYA NAIK

S/O: CHOCHO NAIK,

AGED ABOUT:49 YEARS,

OCC: AGRICULTURIST

2.

SMT.MAKNI BAI W/O GALYA NAIK

AGED ABOUT:45 YEARS,

OCC: HOUSE WIFE

BOTH ARE RESIDENT OF

TALEBASAPURA THANDA,

HOSAPETE, TQ: BALLARI DIST.

...PETITIONERS

(BY SRI. B. ANWAR BASHA, ADV.)

AND:

THE STATE OF KARNATAKA

(THROUGH MARIYAMMANA HALLI P.S. BALLARI)

REPRESENTED BY ITS

STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

AT DHARWAD

... RESPONDENT

(BY SMT. SEEMA SHIVA NAIK, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC.438 OF

CR.P.C., PRAYING TO ALLOW THIS PETITION AND

ENLARGE THE PETITIONERS/ ACCUSED NO.2 AND 3 ON

ANTICIPATORY

BAIL

IN

CRIME

NO.72/2020

REGISTERED BY MARIYAMMANA HALLI P.S. BALLARI

FOR THE OFFENCES PUNISHABLE U/S 498A, 201, 323,

504, 302, 304B, 34 OF IPC AND SEC.3 AND 4 OF

DOWRY PROHIBITION ACT OF 1961 PENDING TRIAL OF

THE SAID CASE BEFORE III ADDL. DISTRICT AND

SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by accused Nos.2 and 3 under

Section 438 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the 8Cr.P.C.9, for brevity)

seeking bail in Crime No.72/2020 of Mariyammanahalli

Police Station, Ballari, registered for the offences

punishable under Sections 498A, 201, 323, 504, 302

and 304B read with Section 34 of The Indian Penal

Code (hereinafter referred to as the 8IPC9, for brevity) and

Sections 3 and 4 of the Dowry Prohibition Act, 1961

(hereinafter referred to as the 8DP Act9, for brevity).

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2.

It is the case of the prosecution that one

Smt. Nani Bai has filed the complaint stating that about

5 years back, her daughter Nandini Bai was given in

marriage to accused No.1 by paying Rs.25,000/- cash

and 2 tola gold by way of dowry. It is further alleged

that after marriage, they were cordial for six months

and thereafter accused No.1 was addicted to bad vices

and gambling and in order to fulfill his vices, he used to

steal sheep and demanding his wife Nandini Bai to

bring money and abusing her in indecent words. It is

further alleged that even the in-laws of said Nandini

Bai, who are accused Nos.2 and 3, also harassing her

by demanding to bring money from her parental home.

It is further alleged that on 3-4 occasions, the said

Nandini Bai brought money from her parental house to

get relieved accused No.1 in theft cases. It is further

alleged that on 25.05.2020 at 2.00 pm, accused No.1

and other accused subjected Nandini Bai to cruelty by

harassing

her

both

physically

and

mentally

by

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demanding her to bring additional dowry from her

parental house and they assaulted her for bringing only

Rs.5,000/- cash and committed her murder and created

a false story of hanging herself. On the basis of the said

complaint, a case came to be registered in Crime

No.72/2020 in Mariyammanahalli Police Station for the

offence punishable under Section 323, 498A, 304B, 201

and 504 read with Section 34 of IPC and Sections 3 and

4 of DP Act. After investigation, charge sheet has been

filed for the offence under Sections 323, 498A, 302,

304B, 201, 504 read with Section 34 of IPC and

Sections 3 and 4 of DP Act. The petitioners approached

learned III Additional District and Sessions Judge,

Ballari,

seeking

anticipatory

bail

in

Crl.Misc.No.5044/2020 and the same came to be

rejected by order dated 04.09.2020. Therefore, the

petitioners are before this Court seeking bail.

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3.

Heard the learned counsel appearing for the

petitioners and the learned High Court Government

Pleader for the respondent-State.

4.

It is the contention of the learned counsel

for the petitioners that the marriage of accused No.1

with the dec