Shyama vs The State Of Karnataka on 2 August, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02ND DAY OF AUGUST 2017

BEFORE

THE HON’BLE MRS. JUSTICE RATHNAKALA

CRIMINAL PETITION NO.5134/2017

BETWEEN:

SHYAMA,
S/O K.R.RAGHUPATHI,
R/O KUMBARAKOPPALU VILLAGE,
CHINAKAURALI HOBLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT 572 027. …PETITIONER

( BY SRI SANDEEP KATTI, ADV)

AND

THE STATE OF KARNATAKA,
MELUKOTE POLICE STATION,
REPRESENTED BY SPP.,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001. …RESPONDENT

(BY SRI S.VISWAMURTHY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR.NO.123/2016 OF MELUKOTE POLICE
STATION, MANDYA DISTRICT, PENDING ON THE FILE OF
III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
K.R.PETE IN S.C.NO.5020/2017 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 506, 498A, 304B, 306 OF
IPC AND SECTION 3 4 OF D.P.ACT.
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THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard learned counsel for the petitioner and

learned High Court Government Pleader for the

respondent-State.

2. The petitioner is chargesheeted by the

respondent-police in respect of the offences punishable

under Sections 498A, 506, 306, 304B IPC r/w Sections

3 and 4 of D.P Act.

3. The case of the prosecution is, petitioner was

married to the deceased Ranjitha @ Lakshmi on

25.05.2016; dowry in cash and kind were given during

their marriage. One month after his marriage, the

petitioner who was addicted to gambling and alcohol,

pledged the gold ornaments of the deceased and used

the proceeds to clear off his hand loan. He harassed the

READ  Prasanna Kumar-vs-Dhanalaxmi And Ors. on 16 February, 1988

wife for additional dowry of Rs.50,000/- from her

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parent’s house; he left her at her parent’s house and

insisted her to undergo medical termination of

pregnancy though she was carrying for 3 months and

threatened to divorce her; unable to bear with his

torture, deceased committed suicide by setting herself

ablaze in her parent’s house during the morning hours

of 16.11.2016.

4. The statement of the victim girl is recorded

by the taluka executive magistrate in the presence of

the two medical officers in the causality ward of the

hospital. However, the investigation is complete and he

is not required to continue in judicial custody during

the trial period.

5. The petition is allowed. The petitioner is

enlarged on bail on executing self bond for a sum of

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

the satisfaction of the Court. He shall attend the Court

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regularly on all the hearing dates and he shall not

threaten the prosecution witnesses.

SD/-

JUDGE

Mkm*

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