Sri. Kamaraj vs The State Of Karnataka on 25 May, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25th DAY OF MAY 2017

BEFORE

THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO. 2858 OF 2017

Between:

Sri. Kamaraj
S/o Late Murthy
Aged about 32 years
R/at Malekrishnavaram Village
Bethamangala, KGF
Bangarpet Taluk
Kolar – 563117 …Petitioner

(By Sri. N. Hariprasad, Advocate
for Sri. S. Balakrishnan, Advocate)

And:

The State of Karnataka
By Ooragaum Police Station
Represented by SPP
High Court of Karnataka
Bengaluru – 560001 …Respondent

(By Sri. K. Nageshwarappa, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.6/2017 of Oorgaum Police Station, K.G.F District for
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the offence punishable under Sections 498A, 304B of
IPC.

This Criminal Petition is coming on for Orders this
day, the court made the following:

ORDER

Heard the learned counsel for the petitioner and the

learned HCGP.

2. It is submitted that the investigation is

complete and chargesheet is filed against the petitioner

under Sections 498(a) and 304(b) of IPC.

3. It is not in dispute that the deceased

committed suicide within seven months from the date of

her marriage with the petitioner. There are specific

allegations that the petitioner was addicted to alcohol

and was ill treating the deceased, as a result, the

deceased was driven to commit suicide. Though the

allegations leveled against the petitioner are serious in

nature, yet the investigation having been complete, I do

not find that the custody of the petitioner is required to
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be extended further as most of the witnesses cited by the

complainant regarding the alleged cruelty to the deceased

are the relatives of the deceased and therefore, the

possibility of the petitioner either threatening or

prevailing upon the said witnesses is remote. Having

regard to the other circumstances of the case which are

made out in the charge sheet, there cannot be any

apprehension of the petitioner fleeing from justice and

his presence could be secured for the purpose of the trial

by imposing necessary conditions.

4. Hence, the petition is allowed. Petitioner is

ordered to be enlarged on bail in Crime No.6/2017

registered by the respondent-Police, subject to following

conditions:

(i) The petitioner shall be enlarged on bail
on furnishing a bond for a sum of Rs.1
lakh with two solvent sureties for the
likesum to the satisfaction of the
jurisdictional court.

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(ii) He shall regularly appear before the
Court as and when required.

(iii) He shall not threaten or allure the the
prosecution witnesses in whatsoever
manner.

(iv) He shall not leave the jurisdiction of the
trial Court without written permission.

Sd/-

JUDGE

dn/-

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