Mohan Kumr vs State Of Karnataka on 8 June, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF JUNE, 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION No. 2538/2017

BETWEEN:

MOHAN KUMAR,
S/O PUTTASWAMY GOWDA,
AGED ABOUT 37 YEARS,
RESIDING AT TOREHOSURU VILLAGE,
CHANNAPATNA TALUK,
RAMANAGAR DISTRICT – 562 160. … PETITIONER
(A-1 Now at J.C.)

(BY SRI SRINIVAS R., ADVOCATE)

AND:

STATE OF KARNATAKA BY
M.K.DODDI P.S.
CHANNAPATNA TALUK,
RAMANAGARA
BANGALORE – 562 160.
BY SPP
HIGH COURT OF KARNATAKA,
BANGALORE. … RESPONDENT

(BY SRI S. VISHWAMURTHY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING
TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.4/2017
OF M.K.DODDI POLICE STATION, RAMANAGARA FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 304(B) AND
201 R/W 34 OF IPC AND SECTIONS 3 AND 4 OF THE DOWRY
PROHIBITION ACT.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT PASSED THE FOLLOWING:
ORDER

The petitioner (accused No.1) along with his

parents is charge sheeted by the respondent-police in

respect of offences under Sections 498A, 302, 304B r/w

34 of IPC and Sections 3, 4 and 6 of the Dowry

Prohibition Act, 1961.

2. The allegation is that the deceased Pushpa

Latha was married to the petitioner on 23.10.2011;

during the marriage, dowry in cash and kind was given;

the accused persons harassed the deceased to get

additional dowry from her parents. She was also

pressurized to undergo termination of pregnancy when

she conceived for the second time. Frustrated in life,

READ  Sri Ramachandra @ Chandru vs State By Mudigere P.S on 14 March, 2014

the deceased committed suicide by hanging herself to

the roof of the house on 6.1.2017. The petitioner had

pledged golden necklace of the deceased with the pawn

broker.

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3. Perused the charge sheet papers, more

particularly, the post mortem report.

4. As of now, there is nothing from the papers to

presume the death of the deceased as homicidal.

Accused Nos. 2 and 3 are on bail. Since the prosecution

is required to prove their case through evidence of

substantial witness, there is no impediment to allow the

petition.

5. Petition is allowed. The petitioner is enlarged

on bail on executing a self bond for a sum of Rs. One

Lakh with one surety for the likesum to the satisfaction

of the concerned Court. He shall attend the Court

regularly on all the hearing dates and shall not threaten

or lure the prosecution witnesses.

Sd/-

Judge

Nsu/-

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