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NC: 2025:KHC:11111 CRL.P No. 451 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 451 OF 2025 BETWEEN:
MAHADEVA PRASAD @ FAST FOOD UMESH, AGED ABOUT 42 YEARS, S/O LATE BASAVANNA, R/AT NO. 86/B, 3RD CROSS, VIDYANAGARA, MYSURU - 570029 …PETITIONER (BY SRI. HEMANTH KUMAR K, ADVOCATE) AND:
THE STATE OF KARNATAKA BY NAZARBAD POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT N ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN S.C.NO.184/2024 ARISING OUT OF CRIME NO.83/2024 AND FOR THE OFFENCES P/U/S 498A AND 306 OF IPC OF NAZARBAD POLICE STATION, PENDING ON THE FILES OF HONBLE V ADDL. SESSIONS JUDGE AT MYSURU AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11111 CRL.P No. 451 of 2025 ORAL ORDER Accused in S.C.No.184/2024, pending before the Court of V Additional Sessions Judge, Mysuru arising out of Crime No.83/2024 registered by Nazarbad Police Station, Mysuru, for the offence punishable under Sections 498A and 306 of Indian Penal Code, 1860 (for short 'IPC') is before this Court under Section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.
3. FIR in Crime No.83/2024 was registered against the petitioner by Nazarbad Police Station, Mysuru city, initially for the offence punishable under Section 306 of IPC based on the first information dated 12.06.2024 received from Smt.Lalithamma who is the mother of deceased Abhilasha. During the course of investigation of the case, the petitioner herein was arrested on 12.06.2024 and subsequently was remanded to the judicial custody. Investigation of the case is complete and charge sheet has been filed for the offences punishable under Sections 498A and 306 of IPC.
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NC: 2025:KHC:11111 CRL.P No. 451 of 2025
4. The bail application filed by the petitioner under Section 439 of Criminal Procedure Code before the Trial Court in S.C. No.184/2024 was rejected on 05.11.2024. It is under these circumstances, the petitioner is before this Court seeking regular bail.
5.
Learned counsel for the petitioner reiterated the grounds urged in the petition and prays for grant of regular bail.
6. Per contra, learned High Court Government Pleader has seriously opposed the bail petition and prays for dismissal of the petition.
7. Marriage of the deceased with the petitioner was performed about 15 to 16 years prior to the date of registration of FIR and from the wedlock, the couple have two children aged 14 years and 12 years respectively. Allegation in the first information as well as in the charge sheet is that the petitioner used to quarrel with his wife on petty issues and on 11.06.2024, he had quarreled with his wife while having lunch and allegedly had thrown the plate on the deceased which contained food and asked her to go and die. Subsequently, the
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NC: 2025:KHC:11111 CRL.P No. 451 of 2025 deceased had committed suicide in her matrimonial house at about 05:00 p.m., on 11.06.2024. The petitioner is in custody since 12.06.2024. Investigation in the case is completed and charge sheet has been filed. The offences alleged against the petitioner are neither punishable with death nor with life imprisonment. Considering the nature of allegation made as against the petitioner and also taking into consideration that he has two minor children to be taken care of, this Court is of the view that petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following:
ORDER The Criminal Petition is allowed. Accused is directed to be released on bail in respect of Crime No.83/2024 registered by Nazarbad Police Station, Mysuru, for the offence punishable under Sections 498A and 306 of IPC, pending before the Court of V Additional Sessions Judge, Mysuru in S.C.No.184/2024, subject to the following conditions:- a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh
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NC: 2025:KHC:11111 CRL.P No. 451 of 2025 only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 29