Shivanna vs State By Avalahalli Police on 20 June, 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20th DAY OF JUNE 2017

BEFORE

THE HON’BLE MRS. JUSTICE RATHNAKALA

CRIMINAL PETITION NO.3595/2017

BETWEEN :

Shivanna,
S/o.Late Chikkapaiah,
Aged about 68 years,
C/o.Boodigere Cross,
Beedrhalli Hobli,
Bangalore East Taluk,
Bangalore – 560 023.

Permanent Address.

R/at Arehalli village,
Nandagudi Hobli,
Hosakote Taluk,
Bangalore Rural District.
Bangalore – 560 098. …PETITIONER

(By Sri.G.G.Ganesh, Adv.)

AND :

State by Avalahalli Police,
Represented by State
Public Prosecutor,
High Court Complex,
Bangalore – 560 023. …RESPONDENT

(By Sri.S.Vishwamurthy, HCGP)
. . . .
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This criminal petition is filed under Section 439
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.96/2017 of Avalahally Police Station, Bengaluru
District for the offence punishable under
Sections 498A,
304B read with 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act.

This criminal petition coming on for orders this day,
the Court made the following:

ORDER

The petitioner is in judicial custody in respect of

Crime No.96/2017 registered by the respondent – Police for

the offence punishable under Sections 498A, 304B read

with 34 of IPC and Sections 3 and 4 of Dowry Prohibition

Act. He is the father-in-law of the victim Smt.Varalakshmi,

W/o.Sri.Mahesh.

2. The allegation is, the deceased was married to the

1st accused Mahesh, son of the petitioner in the year 2012

and the couple have a male child aged four years from the

marriage. Subsequent to the marriage, the husband and

in-laws of the deceased snatched all her gold ornaments

and demanded cash from the parents of the deceased. She

READ  Sri Nandan Dutta And Ors.-vs-The State Of West Bengal And Ors. on 20 November, 1995

was harassed and made to work though she was pregnant.
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On their demand, though the parents of the deceased had

purchased a new gold mangalya chain for the deceased, it

was not yet given to the victim. The petitioner committed

suicide in the matrimonial home on 19.03.2017 since the

accused tortured the deceased for additional dowry, cash

and gold ornaments etc.

3. This petition is filed at the stage of investigation.

During the pendency of the petition, charge sheet is

submitted. From the post-mortem report, there is nothing

to suggest that the deceased was subjected to physical

violence immediately prior to her death. The case of the

prosecution is yet to be established by circumstantial

evidence. Therefore, there is no impediment to allow the

petition.

4. Accordingly, the petition is allowed. The petitioner

is enlarged on bail in Crime No.96.2017 subject to the

following conditions:

(a) He shall execute a self-bond for a sum of

Rs.1,00,000/- with one surety for the likesum to

the satisfaction of the concerned Court.
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(b) He shall attend the Court regularly and punctually

on all hearing dates.

(c) He shall not threaten or prevail upon the

prosecution witnesses.

Sd/-

JUDGE

SPS

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