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Punitha vs State Of Karnataka on 9 August, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9TH DAY OF AUGUST 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.5360/2017

BETWEEN:

PUNITHA
S/O SHIVAKUMAR
AGED ABOUT 30 YEARS
RESIDING AT NO.980
6TH CROSS, SUBASHNAGARA
NELAMANGALA TOWN
BENGALURU RURAL DISTRICT – 562 123. …PETITIONER

(BY SRI RAJESHA SHETTIGARA, ADV.)

AND:

STATE OF KARNATAKA
BY NELAMANGALA TOWN POLICE STATION
NELAMANGALA CIRCLE
BENGALURU RURAL DISTRICT
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001. …RESPONDENT

(BY SRI CHETAN DESAI, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.122/2017 OF NELAMANGALA TOWN POLICE STATION,
BENGALURU DISTRICT, FOR THE OFFENCES P/U/S 498(A) AND
304(B) OF IPC.

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

The petitioner is in custody in Crime No.122/2017

registered by the respondent/Police since 3.5.2017. On

completion of investigation, the Investigating Officer

submitted charge sheet to the court in respect of the

offences under Sections 498A, 304B of IPC and Sections

3 and 4 of the D.P.Act.

2. The allegation of the prosecution is, this

petitioner was married to deceased Vanitha on 20.6.2013;

dowry in cash and kind was given to him during the

marriage. They have a male child from the marriage.

Though sufficient gold and silver articles were given to

the child during naming ceremony, the petitioner was not

satisfied with the same. He pestered and harassed the

deceased to get the landed property from her mother.

Frustrated by his harassment, deceased committed

suicide by hanging in the matrimonial home on 2.5.2017.
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3. Perused the charge sheet papers and also the

Postmortem report. Since the case of the prosecution

rests on circumstantial evidence, investigation having

been complete,

The petition is allowed. Petitioner is enlarged on

bail in Crime No.122/2017 registered by the

respondent/Police, subject to the following conditions:

(i) 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.

(ii) He shall attend the Court on all hearing dates
regularly;

(iii) He shall not threaten the prosecution
witnesses.

Sd/-

JUDGE
KNM/-

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