Sri. Mohan Kumar M. D. vs State Of Karnataka on 14 August, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14th DAY OF AUGUST, 2017

BEFORE

THE HON’BLE MRS. JUSTICE RATHNAKALA

CRIMINAL PETITION NO.5990/2017

BETWEEN:

SRI. MOHAN KUMAR M. D.
S/O. DEVEGOWDA,
AGED ABOUT 30 YEARS,
R/AT NO.22, MADAKE HOSUR,
KALLUDEVANAHALLI,
NAGAMANGALA TALUK,
MANDYA-571 432.
SOLDIER IN INDIAN ARMY. … PETITIONER

(BY SRI MAHESHA P, ADVOCATE)

AND:

STATE OF KARNATAKA
BY BYATARAYANAPURA P.S.,
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT 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.145/2017 (C.C.NO.16858/2017) OF
BYATARAYANAPURA P.S., BANGALORE FOR THE
OFFENCE P/U/S 498A, 304B R/W 34 OF IPC AND
SECTIONS 3 AND 4 OF D.P ACT.

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

Heard Sri Mahesha 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 brothers/co-

accused is charge-sheeted by the respondent – police

in respect of the offence punishable under Sections

498A, 304B r/w 34 of IPC and Sections 3 and 4 of

Dowry Prohibition Act in Crime No.145/2017.

3. The allegation of the prosecution is, the

petitioner is serving as soldier in the Indian Army.

The deceased was married to him on 20.05.2015.

The couple stayed at Gujarath. They have a male

issue from the marriage. On 20.04.2017 the

petitioner came over to Bangalore with the deceased

and stayed in the house of accused No.2 to proceed

towards Gujarath. On the said night the accused

persons quarreled with the deceased for not getting
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dowry. Agonized by the same, the deceased

committed suicide by hanging herself in the house of

accused No.2.

4. Perused the charge-sheet papers.

5. The deceased is said to have informed her family

members immediately prior to the incident that she is

beaten by her husband for dowry. However, by the

time they reached her house, her body was hanging.

As per the post mortem report four abrasion injuries

were found in the dead body. However, medical

opinion as to the cause of death is, ‘due to as phyxia

due to hanging’. As of now, there is no material from

the record to deviate from the prosecution case to

infer otherwise, as suicidal death. Since the case of

the prosecution needs to be proved by way of

circumstantial evidence, there is no impediment to

allow the petition.

6. Accordingly, the petition is allowed. The

petitioner is enlarged on bail in Crime No.145/2017
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registered by the respondent Police, subject to the

following conditions :-

1. He shall execute a personal bond for a

sum of `2,00,000/- with two sureties for

the like sum to the satisfaction of the

concerned Court.

2. He shall attend the Court regularly on all

hearing dates.

3. He shall not prevail upon or threaten the

prosecution witnesses.

In view of disposal of main petition, I.A.1/2017

does not survive for consideration. Accordingly,

I.A.1/2017 stands disposed of.

Sd/-

JUDGE

NG*

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