IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14th DAY OF AUGUST, 2017
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.5990/2017
SRI. MOHAN KUMAR M. D.
AGED ABOUT 30 YEARS,
R/AT NO.22, MADAKE HOSUR,
SOLDIER IN INDIAN ARMY. … PETITIONER
(BY SRI MAHESHA P, ADVOCATE)
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: –
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
dowry. Agonized by the same, the deceased
committed suicide by hanging herself in the house of
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
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
2. He shall attend the Court regularly on all
3. He shall not prevail upon or threaten the
In view of disposal of main petition, I.A.1/2017
does not survive for consideration. Accordingly,
I.A.1/2017 stands disposed of.