Gururaj vs The State Of Karnataka By on 1 September, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF SEPTEMBER, 2017

BEFORE:

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION No.5972/2017

BETWEEN:

GURURAJ
S/O CHINNABOVI
AGED ABOUT 33 YEARS
OCC: COOLIE,
R/O BHOVI COLONY
BAVIKERE VILLAGE,
LAKKAVALLI HOBLI,
TARIKERE
CHIKKAMAGALURU
DISTRICT – 577228 ..PETITIONER

(BY SRI R B DESHPANDE, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY
LAKKAVALLI POLICE STATION
CHIKKAMGALURU DISTRICT – 577128
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU – 560001 ..RESPONDENT

(BY SRI CHETAN DESAI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
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HON’BLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN S.C.NO.48/2017 PENDING ON THE FILE
OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
CHIKKAMAGALURU (CRIME NO.6/2017 OF LAKKAVALLI POLICE
STATION, CHIKKAMAGALURU, FOR THE OFFENCE P/U/S
498(A),304(B) 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:

ORDER

Petitioner is charge sheeted by the respondent-police in

respect of the offence punishable under Section 498A and 304B

of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. The allegation of the prosecution is, the petitioner married

the deceased Gayathramma on 20.05.2013 as per customs.

Two years after the marriage he started harassing his wife for

additional dowry. He used to abuse her verbally and physically

and on the morning of 18.01.2017 since he tortured her

physically and mentally she committed suicide by hanging

herself to the roof in the matrimonial home.

3. Petitioner is in custody since 19.01.2017.
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4. Perused the charge sheet papers and the post mortem

report. There are no visible injury marks on the body except

ligature marks in the neck. Since the case of the prosecution is

to be proved by way of circumstantial evidence, there is no

impediment to allow this petition.

Petition is hereby allowed. Petitioner is enlarged on bail

in Crime No.6/2017 registered by respondent-police subject to

following conditions:

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

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

satisfaction of the concerned court.

(ii) He shall attend the court regularly on all hearing

dates and shall not tamper or threaten prosecution

witnesses.

Sd/-

JUDGE

SBN

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