Hanumantha vs The State Of Karnataka on 7 September, 2017

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)
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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.
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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
4

Lakh Rupees only) with one surety for the
likesum.

2) He shall attend the court on all hearing dates
regularly.

Sd/-

JUDGE

Bsv

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