1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON’ BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.5272 OF 2017
BETWEEN
HANUMANTHA
AGED 25 YEARS
S/O HANUMANTHAPPA
R/AT HEELALIGE VILLAGE
SURYA NAGARA HOBLI
ANEKAL TALUK
BENGALURU RURAL DISTRICT – 562 106
… PETITIONER
(BY SRI. CHANDRAHASA PAI, ADV.,)
AND
THE STATE OF KARNATAKA
BY SURYA NAGARA POLICE STATION
ANEKAL, BENGALURU
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU – 560 001
… RESPONDENT
(BY SRI. S.VISHWAMURTHY, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CRIME NO.119/2017 OF SURYANAGAR POLICE
STATION, BENGALURU DISTRICT, FOR THE OFFENCES
P/U/Ss 498A, 504B OF IPC READ WITH SECTIONS 3 AND 4
OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is in judicial custody in Crime
No.119/2017 registered by the respondent-police station.
During the pendency of this petition, on completion of
investigation, the Investigating Officer has submitted charge
sheet against him in respect of the offence punishable under
Sections 498A, 504 of IPC read with Sections 3 and 4 of
Dowry Prohibition Act.
2. The allegation of the prosecution is, the petitioner
married the deceased after having an affair with her against
the consent of the family. They married before the Registrar
of Marriages and the couple were residing in a rented house.
3
They have a male child from the marriage. Off late, the
petitioner was torturing the deceased to get dowry from her
parents. Agonized by the same, she committed suicide by
hanging herself to the ceiling on 27.03.2017,during night
hours.
3. Perused the charge sheet papers.
4. As per the Post Mortem Report, “death is due to
asphyxia as a result of hanging”, except the ligatual mark
present in situ around the neck nothing is found during the
post mortem. The case of the prosecution rests undoubtedly
on the circumstantial evidence.
5. In the given circumstances, petition is allowed
subject to the following conditions:
1) Petitioner is enlarged on bail in Crime No.
119/2017 registered by the respondent police
on executing a self bond for Rs.1,00,000/- (One
4Lakh Rupees only) with one surety for the
likesum.
2) He shall attend the court on all hearing dates
regularly.
Sd/-
JUDGE
Bsv
