Lohith @ Avinash vs State Of Karnataka on 5 June, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF JUNE, 2017

BEFORE

THE HON’BLE MRS. JUSTICE RATHNAKALA

CRIMINAL PETITION NO.4275/2017

BETWEEN:

LOHITH @ AVINASH
S/O VIJAYKUMAR
AGED ABOUT 30 YEARS
R/AT FARM HOUSE
KANCHAGATTA EXTENSION
TIPTUR TALUK
TUMKUR DISTRICT – 572 2201.
… PETITIONER
(BY SRI CHANDRASHEKAR R.P., ADV. AND
SRI.SUNILKUMAR.S., ADV. AND
SRI.C.H.HANUMANTHARAYA ASSOCIATES, ADVS)

AND

STATE OF KARNATAKA
BY TIPTUR RURAL POLICE
(REPRESENTED BY ID STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU – 560 001.)
….. RESPONDENT

(BY SRI CHETAN DESAI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER U/S
439 CR.P.C.PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.104/2016 (S.C.NO.10018/2017) OF
TIPTUR RURAL P.S., TUMKURU DISTRICT FOR THE
OFFENCE P/U/S 498A, 304B R/W 34 OF IPC.

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

Heard Sri. Chandrashekar R.P., learned counsel

for the petitioner and Sri Chetan Desai, learned High

Court Government Pleader for the respondent –

State.

2. The petitioner along with his sister accused

No.2 is charge sheeted by the respondent – Police in

their Crime No.104/2016 in respect of the offence

punishable under Sections 498A, 304B read with 34

of IPC.

3. The allegation is that the petitioner was married

to deceased Pallavi on 21.3.2016 as per the customs

and had received dowry in cash and kind. Two

months thereafter the accused persons started

abusing and demanding additional dowry. Even

though the parents of the deceased paid

Rs.2,00,000/-, the accused tortured her by their

atrocious behaviour. Unable to bear the torture, the
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deceased committed suicide by hanging in the

matrimonial home on 29.11.2016.

4. Perused the charge sheet papers. During the

post mortem except the hanging mark, none other

injury was found on the dead body. Investigation

having been completed and since prosecution is yet

to prove their case through circumstantial evidence

there is no impediment to allow the petition. Accused

No.2 is already on bail.

5. Accordingly, the petition is allowed. The

petitioner is granted bail in Crime No.104/2016

registered by the respondent Police, subject to the

following conditions :

1. He shall execute a personal bond for a

sum of `1,00,000/- (Rupees One Lakh

only) with one local surety for the like

sum to the satisfaction of the concerned

Court.

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2. He shall not prevail upon or threaten the

prosecution witnesses.

3. He shall attend the Court regularly on all

the hearing dates.

Sd/-

JUDGE

NG*
CT-VR

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