Allowed

Jafar Sadiq S/O. Raja Sab v. the State of Karnataka

Karnataka HC11 May 2023CRL.P/100461/2023

Case brief

AI extract

What is this about?

High Court Dharwad Bench allowed the bail application of Jaffar Sadiq, accused No.1 in a case involving Section 498-A, 306 IPC, finding it just to grant bail on parity principles with co-accused already released, subject to several conditions.

What did the court decide?

Petitioner released on bail with self-bond of Rs. 50,000/-, two sureties, address proof, no tampering with witnesses, daily appearance, and jurisdiction restriction.

Jafar Sadiq S/O. Raja Sab Vs the State of Karnataka — Domestic Violence | Karnataka HC (2023)

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1 - CRL.P No. 100461 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 100461 OF 2023 (439)

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BETWEEN:

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JAFFAR SADIQ S/O. RAJA SAB AGE. 25 YEARS, OCC. COMPUTER OPERATOR, R/O. BANAVIKALLU VILLAGE, TQ. KUDLIGI, DIST. VIJAYANAGAR-583126

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…PETITIONER

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(BY SRI. K L PATIL., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH HOSAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011

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…RESPONDENT

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SAMREEN AYUB DESHNUR High Court of Karnataka, Dharwad

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(BY SMT. GIRIJA S. HIREMATH., HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN HOSAHALLI POLICE STATION CRIME NO. 195/2022 REGISTERED FOR THE OFFENCE PUNISHABLE U/SEC. 498A, 306, 323, R/W SEC. 34 OF IPC PENDING ON THE FILE OF THE 3^RD ADDL. DISTRICT & SESSIONS JUDGE BALLARI SITTING AT HOSAPATE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - CRL.P No. 100461 of 2023

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ORDER

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Heard on bail application.

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On the basis of the complaint filed by Smt. Aasif Banu W/o. Late Saiyad Saadat the police have registered the case in Crime No.195/2022 against the accused Nos.1 to 7 for the commission of offences punishable under Sections 498-A, 149, 302 and 323 of IPC and submitted the FIR to the Court. After completion of investigation the investigation the officer has submitted the charge sheet against the accused Nos.1 to 4 for the commission of offences punishable under Sections 498-A, 323 and 306 R/w. 34 of IPC and the charge sheet against accused Nos.5 to 7 not filed as the case against them has not been proved. It is submitted by the learned counsel for the petitioner in his arguments that, this Court has released the accused Nos.2 to 4 on bail in Crl.P. No.100026/2023 dated 23.01.2023.

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The case of the prosecution is that, the marriage of deceased Heenabanu with accused No.1 took

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3 - CRL.P No. 100461 of 2023

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place on 10.03.2021 and it was a love cum arranged marriage. After the marriage, deceased joined her husband and in laws in Banavikallu Village, Kudlagi Taluk. In the wedlock, a female baby was born. Accused Nos.1 to 4 were subjecting the deceased to physical and mental cruelty picking up quarrel for petty reasons saying that she is not washing the cloths properly etc. They were telling her that they will perform second marriage to accused No.1. On 19.09.2022 accused Nos.1 to 4 quarreled with deceased and accused No.1 forced her to give divorce. They told her to go and die so that the accused No.1 can marry some other girl. Being unable to tolerate the said torture, the deceased committed suicide by hanging herself using a vale in the first floor of the house where the accused were residing. Thus the accused have committed the alleged offences.

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This Court has already granted bail to the accused Nos.2 to 4 in Crl.P.100026/2023 dated 23.01.2023. This Court has already assigned reasons for

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4 - CRL.P No. 100461 of 2023

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release of accused Nos.2 to 4. The alleged commission of offences are not punishable with death or imprisonment for life. The petitioner is in judicial custody since from the date of arrest i.e., on 21.09.2022. Considering the nature and gravity of offences and also the principal of parity, it is

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just and proper to allow this application with conditions. Accordingly, I proceed to pass the following:

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ORDER

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The bail application filed under Section 439

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of Cr.P.C. is allowed. The petitioner herein shall

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be released on bail in connection with Crime No.195/2022, registered by the Hosahalli Police

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Station, if not required in any other case, subject to condition that,

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i. The petitioner shall execute a self-bond for a sum of Rs.50,000/- with two sureties for the likesum to the satisfaction of the Court concerned;

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5 - CRL.P No. 100461 of 2023

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ii. the petitioner shall furnish proof of his residential address and shall inform the Court if there is any change in the address,

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iii. the petitioner shall not tamper with the prosecution witnesses either directly or indirectly,

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iv. the petitioner shall appear before the trial Court on all dates of hearing,

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v. the petitioner shall not leave the jurisdiction of the trial Court without prior permission of the learned trial Judge.

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(Sd/-) JUDGE

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List No.: 1 Sl No.: 13

Jafar Sadiq S/O. Raja Sab v. the State of Karnataka

Case brief

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Jafar Sadiq S/O. Raja Sab v. the State of Karnataka

Case brief

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