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Sri Naveen @ Naveen Kumar vs State Of Karnataka on 15 December, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.8511/2017

BETWEEN:

Sri Naveen @ Naveen Kumar
S/o Late Venkatappa
Aged about 28 years
Keshavara Village
Nandi Hobli
Chikkaballapura Taluk
Pin-562 101. … PETITIONER

(By Sri Sudharshana M L, Adv.)

AND:

State of Karnataka
By Town Police
Chikkaballapura
By 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.232/2016 (C.C.No.547/2017) in Chikkaballapura
Town P.S., Chikkaballapura District, for the offences P/U/Ss
498(A), 302, 304(B) read with Section 34 of IPC and Sections
3 and 4 of the Dowry Prohibition Act.
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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 accused No.1 under

Section 439 of Cr.P.C. seeking his release on bail for the

offences punishable under Sections 498A, 304B r/w

Section 34 of IPC and also under Sections 3 and 4 of the

Dowry Prohibition Act registered in respondent – police

station Crime No.232/2016 and now pending in

S.C.No.61/2017 on the file of I Addl. District and

Sessions Judge, Chickballapura.

2. The complainant is the mother of the deceased

wherein it is stated that her daughter was given in

marriage to the petitioner herein about four years back.

The couple are having one male child of two years old as

on the date of incident. It is also stated that petitioner’s

parents and his brother were giving ill-treatment and
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harassment to the deceased in connection with dowry

amount and because of that reason, she committed

suicide by hanging on 14.12.2016. On the basis of the

said complaint case was registered for the above said

offences.

3. 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.

4. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

5. Though there are allegations in the complaint

by the mother of the deceased against the petitioner,

but petitioner has denied all the allegations stating that

false allegations are made and he is innocent and not
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involved in committing the alleged offences nor

demanded dowry amount and not given any ill-

treatment to the deceased in connection with dowry

amount.

6. According to the prosecution the incident took

place in the parental house of the deceased and in the

complaint there is no mention by the mother that her

daughter was telling her about the alleged ill treatment

and harassment to her in connection with dowry. No

doubt the mother has stated that they were giving ill-

treatment and harassment to her daughter. Now the

investigation is completed and charge sheet is also filed.

The alleged offences are not exclusively punishable with

death or imprisonment for life. Hence, I am of the

opinion that petitioner can be admitted to regular bail.
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7. Accordingly, petition is allowed.

Petitioner/accused No.1 is ordered to be released on

bail for the offences punishable under Sections 498A,

304B r/w Section 34 of IPC and also under Sections 3

and 4 of the Dowry Prohibition Act registered in

respondent – police station Crime No.232/2016, subject

to the following conditions:

i. Petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- and
furnish one 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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