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Judgment
14 paragraphs · 589 wordsShivashankar Amarannavar, J
This petition is filed by accused No.2 under Section 483 of BNSS praying to grant bail in Crime No.155/2025 of Aldur Police Station registered for offences punishable under Sections 352, 351(2), 85, 49, 103 read with Section 3(5) of BNS.
Heard learned counsel for the petitioner and learned HCGP for the respondent -State.
Learned counsel for the petitioner would contend that the petitioner is father-in-law of the deceased and father of accused No.1. As per charge sheet, the accusation against this petitioner is that he abetted accused No.1 to assault and kill the deceased. The alleged act of assault and killing the deceased is against accused No.1. The alleged incident has taken place in the parent's house of the deceased, which is at distance of 80 kilometres from the house of the petitioner. The petitioner is in judicial custody since 14.10.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prays to allow the petition.
Per contra, learned HCGP for the respondent - State would contend that the petitioner and accused No.3 abetted accused No.1 to assault and kill the deceased. Due to the said abatement, accused No.1 went to the house of deceased and assaulted her with chopper and caused her death. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition.
Having heard learned counsels, the court has perused the charge sheet and other materials placed on record.
As per charge sheet, the case of the prosecution is that the marriage of deceased has taken place with accused No.1 on 02.05.2025. After 15 days of the marriage, accused No.1 to 3 started abusing the deceased demanding dowry and therefore, deceased went to her parents' house and started residing with them. It is alleged that the accused Nos.2 and 3 used to instigate and abate accused No.1 to harass and kill the deceased. In furtherance thereof accused No.1 went to the house of deceased and when she was going to toilet in the evening assaulted her with chopper on her neck and caused her death. Considering the above aspects, the only allegation against the petitioner -accused No 2 is that he has abated the accused No.1 to harass and kill the deceased. The petitioner was not present at the time of incident. The alleged act of assault with the chopper on the deceased is against accused No.1. The petitioner is in judicial custody since 14.10.2025 and as the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to appear before the trial Court on all dates of hearing. Considering the above aspects, the petitioner has made out the case for grant of bail with conditions.
In the result, the following
ORDER
i) The petition is allowed.
ii) The petitioner is granted bail in Crime No. Crime No.155/2025 of Aldur Police Station subject to following conditions:
a) The petitioner -accused No.2 shall execute bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.
b) The petitioner -accused No.2 shall not tamper the prosecution witnesses, either directly or indirectly.
c) The petitioner -accused No.2 shall appear before the trial court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.
