Lasin vs The State Of Karnataka By on 3 November, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.6992/2017

BETWEEN:

Lasin
S/o Chandra Mohan
Aged about 32 years
R/at No.212, Jyothi Villa
2nd Main, Vinayakanagara
Rameshnagara Post
Vibhuthipura
Bangalore-560 038. … PETITIONER

(By Sri Nagendra A V, Adv.)

AND:

The State of Karnataka
By HAL Police Station
Bengaluru
Represented by the
State Public Prosecutor
High Court Building
Bengaluru-560 001. …RESPONDENT

(By Sri Chetan Desai, HCGP)

This Criminal Petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.386/2017 of HAL P.S., Bengaluru, for the offences
P/U/Ss 498A, 306 read with Section 34 of IPC.
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This Criminal Petition coming on for Orders this day,
the Court made the following:

ORDER

This petition is filed by the petitioner/accused

No.1 under Section 439 of Cr.P.C. seeking his release on

bail for the offences punishable under Sections 498A,

306 r/w Section 34 of IPC registered in respondent –

police station Crime No.386/2017.

2. Heard the arguments of the learned counsel

appearing for the petitioner/accused No.1 and also the

learned High Court Government Pleader appearing for

the respondent-State.

3. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

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4. The father of the deceased is the complainant.

He has stated in the complaint that the petitioner herein

was working at Dental Matrication at Bangalore and

was staying along with his parents. The deceased was

in the house of her in-laws for five months. At that

time, her husband and in-laws assaulted her and as

such, deceased came to her parents place and was

staying with her parents. But the petitioner used to

visit to the parental place of the deceased 3-4 times in a

month. Further allegations shows that on 24.6.2017

the petitioner called to the house of the deceased and

told her that his mother is not feeling well and asked

her to come to the house, as otherwise, he will give

divorce to her. As such, she came to her matrimonial

house. It is further alleged that whenever the

complainant and his family members used to call her

over phone, the accused persons were not allowing her

to talk to them. However, this is the only allegation
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made against the accused in the complaint. Except

this, there are no serious allegations of demanding

dowry and in that connection giving ill-treatment and

harassment to the deceased. Apart from that, the

materials show that she was lying dead in the sump

near the house.

5. Now the investigation is completed and charge

sheet is also filed. Petitioner has contended that there

is a false implication and that he is ready to abide by

any reasonable conditions to be imposed by the Court.

The alleged offence under section 306 of IPC is not

exclusively punishable with death or imprisonment for

life. Hence, I am of the opinion that it is a fit case to

exercise the discretion in favour of the petitioner.

6. Accordingly, petition is allowed.

Petitioner/accused No.1 is ordered to be released on
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bail for the offences punishable under Sections 498A,

306 r/w Section 34 of IPC registered in respondent –

police station Crime No.386/2017, subject to the

following conditions:

i. Petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- and
furnish one solvent surety for the
likesum to the satisfaction of the
concerned Court.

ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

iii. Petitioner shall appear before the
concerned Court regularly.

Sd/-

JUDGE

bkp

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