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Judgment
Heard the learned counsel for the petitioner and the
learned High Court Government Pleader for the
respondent-State.
The petitioner is charge sheeted by the respondent
Police in respect of the Crime No.95/2014 for the offences
punishable under Sections 498A, 302, 304B r/w 34 of IPC
and Section 3, 4 of D.P. Act.
The allegation is, petitioner was married to
deceased Nagina eight months prior to the incident.
During the marriage, he has received dowry in cash to
kind. Two months after the marriage, he started harassing
the deceased by demanding Rs.20,000/- from her parental
home. He necked her out of the matrimonial home and the
deceased was residing with her parents. On the morning
of 04.10.2014, he persuaded the deceased to go with him
to purchase cloth for the festival. He took her in a
motorcycle bearing registration No.KA-53-K-0991 to Bagur
village near the Eucalyptus plantation strangulated her
with a veil and Nakab and also pressed her mouth and
committed murder of her between 7 to 9 a.m.
Perused the charge sheet papers. The
complainant/father of the deceased has stated that while
he was working in the shop at 9.00 p.m., he received a
phone call from the brother of the accused informing that
his daughter Nagina is murdered by her husband and
thereafter he along with his family members traced the
dead body in a Eucalyptus plantation.
Learned counsel for the petitioner submits that
the statement of brother of the deceased is not recorded by
the Investigating Officer. The recovery mahazar is
concocted to suit his prosecution case.
Having regard to the fact that the case of the
prosecution strongly rests on the circumstantial evidence
which is yet to be established during trial, there is no
impediment to allow the petition.
Accordingly, petition is allowed. The petitioner
is enlarged on bail in Crime No.95/2014 registered by the
respondent-police, subject to following conditions:
i) The petitioner is enlarged on bail by executing a self bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the concerned Court.
ii) The sureties shall produce original title deeds pertaining to their properties and also their original identity cards/Adhaar Cards to the Court for perusal and they shall not have the previous history of offering surety to the accused persons of any other criminal cases.
iii) He shall attend the Court on all hearing dates regularly and punctually;
iv) He shall not threaten or prevail upon the prosecution witnesses.