Sri Vijay Kumar @ Kumar vs State Of Karnataka on 28 September, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF SEPTEMBER, 2017

BEFORE

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.3541/2017

Between:

Sri Vijay Kumar @ Kumar
S/o.Manjachari
Aged about 33 years
No.24, 3rd Cross
3rd A-Main, Preethi Nagar
Laggere, Bengaluru-560 058 …. PETITIONER

(By Sri Mohan Kumar.D. Advocate)

And:

State of Karnataka
By its Rajagopalanagara
Police Station,
Bengaluru-560 058
Reptd by Public Prosecutor
High Court Complex,
Bengaluru-560 001 … RESPONDENT

(By Sri Chetan Desai,HCGP)

This criminal petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.132/2016 (SC.No.694/2016) of Rajagopal Nagar
Police Station, Bangalore for the offence p/u/Ss. 498A,
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304B read with Section 34 of IPC and Sections 3, 4 of
D.P. Act and Sections 2(v), 3 of SC/ST Act.

This criminal petition coming on for orders this
day, the court made the following:

ORDER

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent-State.

2. Complaint in Crime No.132/2016 has been

registered against the petitioner at Rajagopal Nagar

Police Station for the offences punishable under

Sections 498A, 304B read with Section 34 of IPC and

Sections 3, 4 of Dowry Prohibition Act and Sections 2(v)

and 3 of SC/ST Act.

3. The complaint discloses that there was a

love affair between the petitioner and the deceased Rani.

They married thereafter. After the marriage, there arose

difference between them when the accused started

saying that she did not bring dowry from her house and

that he married her in spite of knowing that she
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belonged to Scheduled Caste. In this background, the

deceased used to be ill-treated and harassed. On

21.2.2016 at about 11.00 pm, one Chowdamma

telephoned to the complainant and informed that the

petitioner assaulted the deceased and stamped on her

neck. On 22.2.2016 at about 4.00 pm, the petitioner

himself made a telephone call to complainant’s cousin,

namely Venkatesh and told that Rani had died.

Immediately, the complainant and his relatives went to

Laggere where they were living and saw the dead body

of Rani. He saw hand mark on the neck of the

deceased.

4. The Sessions Court has rejected the bail.

The petitioner has been in custody for one year. The

investigation is completed and charge sheet is filed. It is

stated that the petitioner has got two small children to

be looked after. Since the investigation is completed

and charge sheet is filed, I am of the opinion that the

petitioner can be granted bail. Hence, the following:
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ORDER

Petition is allowed on the following conditions:

1) The petitioner is released on bail on
executing self-bond for a sum of

Rs.1,00,000/- with two sureties for the
likesum to the satisfaction of the Sessions
Court.

2) He shall cooperate with the Investigating
Officer during the investigation.

3) He shall not directly or indirectly threaten
the witnesses and destroy the evidence.

4) He shall not involve in any criminal
activities.

Sd/-

JUDGE

bkm

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