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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8419/2017
BETWEEN:
1. SRI THANGELA RAGHVENDRA
S/O THANGELA KONDA REDDY
AGED ABOUT 28 YEARS
2. SRI THANGELA NARENDRA @ CHINNU
BOTH ARE R/A NO 1227,
43RD CROSS, 5TH BLOCK, HBR LAYOUT,
KALYAN NAGAR POST,
BANGALORE – 560043
…PETITIONERS
(BY SRI.HONNAPPA S., ADV.)
AND
STATE OF KARNATAKA BY
HENNUR PS
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE – 560001
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON
BAIL IN CR.NO.251/2017 OF HENNUR P.S., BANGALORE
FOR THE OFFENCE P/U/S 498A,304B R/W 34 OF IPC AND
SEC.3,4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners/accused
Nos.1 and 2 under Section 439 of Cr.P.C. seeking their
release on bail of the offences punishable under
Sections 498A, 304B read with 34 of IPC and Sections 3
and 4 of Dowry Prohibition Act, registered in respondent
– police station Crime No.251/2017.
2. Heard the arguments of the learned counsel
appearing for the petitioners/accused and also the
learned High Court Government Pleader appearing for
the respondent-State.
3. Learned counsel for the petitioners referring
to the contents of the complaint submitted that there is
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no specific allegations and the allegations are bald and
vague. He also submitted that the daughter of the
complainant (deceased) was not cooperating with
petitioner No.1, the husband of the deceased, and other
family members, and she herself was picking up quarrel
with them. Even she was not ready to wait till
performing the marriage of the brother of accused No.1.
The allegations made in the complaint prima-facie
shows that only to falsely implicate the petitioners in
the case such allegations are made by the father of the
deceased. He also submitted that the alleged offences
are not exclusively punishable with death or
imprisonment for life, hence, by imposing reasonable
conditions, petitioners may be enlarged on bail.
4. Per contra, learned High Court Government
Pleader, during the course of his arguments has
submitted that, the allegations made in the complaint
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shows that even at the time of marriage, money and
gold articles were given by way of dowry, subsequent to
that also accused No.1 and other family members
started insisting her to bring dowry amount from her
parental place and in that regard they used to give both
physical and mental ill-treatment. He submitted that
there are specific allegations in the complaint against
both these petitioners that they were giving ill-treatment
and harassment. It is also his submission that the
incident took place on 07.07.2017, and according to the
petitioners if it is not because of their ill-treatment and
harassment, then their natural conduct would be to
immediately inform the Police about the said incident,
which is not done in this case. He also submitted that
when the incident took place in the house, it is for the
accused person to explain the circumstances under
which the incident took place. Hence, submitted that
petitioners are not entitled to be released on bail.
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5. In reply, learned counsel for the petitioners
submitted that the allegations are made even against
the parents of accused No.1, but while filing the charge
sheet Police have dropped the case against them. It is
also his submission that the allegations are made even
against the friends of accused No.1.
6. Perusing the averments made in the
complaint and other charge sheet material collected
during investigation by the investigation agency, they
shows regarding the ill-treatment and harassment
meted out to the deceased by the petitioners. The
Investigating Officer has recorded the statement of
witnesses, who are the neighbours, even looking to the
statement of those witnesses, there is a material placed
by the prosecution regarding the ill-treatment and
harassment to the deceased by the petitioners insisting
her to bring additional dowry amount from her parental
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place. The alleged incident took place in the house of
the petitioners within 17 months of marriage.
Therefore, looking to the charge sheet material, at this
stage prosecution placed prima-facie material to show
the involvement of the petitioners in committing the
alleged offence. Therefore, it is not a fit case to exercise
discretion in favour of the petitioners and to release
them on bail. Hence, petition is hereby rejected.
Sd/-
JUDGE
BSR