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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.