Allowed

Mahantesh S/O Andanagouda Nadagouda v. State of Karnataka

Karnataka HC11 Sept 2023CRL.P/101882/2023

Case brief

AI extract

What is this about?

The court allowed a criminal petition under Section 439 Cr.P.C. granting bail to the petitioner, accused in offences of murder and cruelty underSections 302, 498A, 504, 506 IPC read with the Dowry Prohibition Act. The court imposed strict conditions regarding bond, residence, and preventing witness tampering.

What did the court decide?

Petitioner/accused No.1 released on bail on a personal bond of Rs.1,00,000 with two sureties for the like-sum subject to specific conditions.

Mahantesh S/O Andanagouda Nadagouda Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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NC: 2023:KHC-D:10318 CRL.P No. 101882 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 SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 101882 OF 2023 (439-)

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BETWEEN:

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MAHANTESH S/O ANDANAGOUDA NADAGOUDA, AGED ABOUT 36 YEARS, OCC: AGRICULTURE AND PVT. WORK, R/O. GOLAPPA ONI, KALGHATGI, TQ/DIST: DHARWAD-581204.

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…PETITIONER

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(BY SRI. ARAVIND D. KULKARNI, ADVOCATE)

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AND:

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Digitally signed by CHANDRASHEKAR CHANDRASHEKAR LAXMAN LAXMAN KATTIMANI KATTIMANI Date: 2023.09.12 14:45:51 +0530

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STATE OF KARNATAKA, THROUGH SUB INSPECTOR OF POLICE, KALAGHATAGI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD 580001

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

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.159/2023 REGISTERED BY THE RESPONDENT POLICE (KALAGHATAGI P.S) FOR THE OFFENCES PUNISHABLE U/S 498(A), 302, 504, 506 R/W SEC. 34 OF IPC AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT.

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2 - NC: 2023:KHC-D:10318 CRL.P No. 101882 of 2023

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

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ORDER

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The petitioner who is arraigned as accused No.1

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and who is the husband of the deceased, has filed this petition under Section 439 Cr.P.C. to grant him bail in Crime No.159/2023 of Kalaghatagi police station for the offences punishable under Sections 498A, 302, 504, 506 read with Section 34 IPC and under Sections 3 and 4 of the Dowry Prohibition Act.

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In support of his petition, the petitioner has contended that he has not committed the alleged offences and he has been falsely implicated. Accused No.2 is the mother of the petitioner. She has been granted anticipatory bail. Accused Nos.3 and 4 are the brothers of accused No.1. Accused No.3 is graned the regular bail. The petitioner and deceased were married since 10 years and they are having 2 children. So far there were no allegations. After the deceased committed the suicide, a

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3 - NC: 2023:KHC-D:10318 CRL.P No. 101882 of 2023

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complaint came to be lodged making false allegations. In fact, the petitioner himself called the family members of the deceased and informed them. He is the one who took the deceased to the hospital. The petitioner is the permanent resident of the address given in the cause title and owning movable and immovable properties. He is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

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Learned High Court Government Pleader submitted oral objections station that the deceased was given in marriage to accused No.1 about 10 years back. They are having 2 children. She was 3 months pregnant. On 02.06.2023 at 1.42 p.m., the petitioner informed the complainant that the deceased has committed suicide by hanging. When he went to the spot, neither petitioner nor other family members were present at the spot. Her dead body was on the stretcher. During her lifetime, deceased

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was frequently calling her family members and the complaining about ill-treatment meted out by the accused

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4 - NC: 2023:KHC-D:10318 CRL.P No. 101882 of 2023

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for getting money from her parents. In fact during 2022, Rs.50,000/- was paid. Though for some time, accused kept quite, later on again they started harassing her and were instigating her to commit suicide. They were demanding her to give her ornaments and on the date of the incident, the marriage of complainant’s cousin was fixed and all of them were engaged in the said function. During this time, accused persons have committed the murder of deceased and hence, the complaint.

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On the basis the complaint, case was registered and investigation was taken up. After completing investigation, charge sheet is filed against accused Nos.1 to 4 for the offences punishable under Sections 498A, 302, 504 read with Section 34 IPC. A strong prima facie case is made against the petitioner. If released on bail, petitioner may threaten or tamper with the witnesses. He may also abscond, thereby protract the proceedings and prays to reject the petition.

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Heard arguments and perused the record.

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5 - NC: 2023:KHC-D:10318 CRL.P No. 101882 of 2023

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From the material placed on record, it is evident that marriage of the petitioner and the deceased was performed about 10 years back. They are having 2 children, aged 3 years and 1 year. Though in the complaint it is stated that at the time of her deceased, she was 3 months pregnant, the post mortem report does not support this fact. It is alleged that through out her married life, the deceased was harassed and ill-treated by the accused persons including the petitioner to get dowry and also to give her ornaments. Ultimately, on 02.06.2023, on which date the marriage of her uncle’s daughter was fixed, she chose to commit suicide.

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Already investigation is completed, wherein statement of the witnesses have been recorded. Accused No.2 who is the mother-in-law of the deceased, has been granted anticipatory bail. Accused No.3 who is one of the brother-in-law of the deceased is granted regular bail. The petitioner is arrested on 03.06.2023. Having regard to the fact that investigation is already completed and charge is

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6 - NC: 2023:KHC-D:10318 CRL.P No. 101882 of 2023

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filed, this Court is of the considered opinion that the petitioner is entitled of bail. Ofcourse the interest of the prosecution is required to be safeguarded by imposing stringent conditions and accordingly the following:

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ORDER

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Petition is allowed. Petitioner/accused No.1 is released on bail, in Crime No.159/2023 of Kalaghatagi police station for the offences punishable under Sections 498A, 302, 504, 506 read with Section 34 IPC and under Sections 3 and 4 of the Dowry Prohibition Act, subject to following:

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CONDITIONS

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a) The petitioner/accused No.1 shall execute a personal bond in a sum of Rs.1,00,000/with two sureties for the like-sum.

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b) Petitioner/accused No.1 shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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7 - NC: 2023:KHC-D:10318 CRL.P No. 101882 of 2023

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c) Petitioner/accused No.1 shall not tamper with the prosecution witnesses either directly or indirectly.

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d) Petitioner/accused No.1 shall not indulge in any criminal activities.

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e) Petitioner shall be regular in attending the Court proceedings.

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Sd/-) JUDGE

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KGK List No.: 1 Sl No.: 6

Mahantesh S/O Andanagouda Nadagouda v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mahantesh S/O Andanagouda Nadagouda v. State of Karnataka

Case brief

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What did the court decide?

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