IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2017
BEFORE
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.10104/2017
BETWEEN
RAJESH
AGED 27 YEARS
S/O LATE SRINIVAS
No.1315, 7TH CROSS, 5TH MAIN
TRIVENI ROAD,
YESHWANTHAPURA,
BENGLAURU- 560 022 ..PETITIONER
(BY SRI S G BHAGAVAN, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY THE POLICE SUB-INSPECTOR
YESHWANTHAPURA POLICE STATION,
YESHWANTHAPURA,
BENGALURU-560 022. ..RESPONDENT
(BY SRI CHETAN DESAI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OF
CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON’BLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.331/2017
(C.C.NO.27713/2017) OF YESHWANTHAPURA P.S.,
BANGALORE FOR THE OFFENCE P/U/S 498A,304B R/W 34
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OF IPC AND SECTION 3 and 4 OF DOWRY PROHIBITION
ACT, 1961.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for petitioner and
respondent.
2. Wife of the petitioner committed suicide in the
parental house at Yeshwanthpur, Bengaluru. Her
marriage with the petitioner -Rajesh was performed
on 13.12.2015 at Bengaluru. Spouses have got male
child through their marriage. It is stated that
complainant’s daughter Chandrika was subjected to
cruelty and torture by petitioner’s mother, brother and
maternal uncle.
3. The matter was investigated and final report
came to be filed. It is also stated that the victim was
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subjected to dowry harassment and her life was
mystified by accused persons. However, maternal
uncle of the petitioner- accused No.4 in the FIR was
not sent to trial. Petitioner has been in judicial
custody for 119 days to be precise. There is no
compliant of interference with the investigation.
Learned District Judge rejected the bail application of
petitioner on 18.12.2017. Now the investigation is
completed and there is no complaint of tampering the
evidence. The mother, brother and maternal uncle of
the petitioner were granted anticipatory bail by the
Trial Court.
4. In the context and circumstances, considering
the stay of the petitioner in judicial custody, it is just
and proper to grant bail to the petitioner. The
apprehension of the respondent can be resolved by
imposing suitable conditions.
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5. Hence, the criminal petition is allowed. The
petitioner-accused is enlarged on bail in
Cr.No.331/2017 (C.C.No.27713/2017) registered by
Yeshwathapura Police Station, Bengaluru, subject to
the following conditions:
i) The petitioner-accused shall execute a personal
bond for a sum of `2,00,000/- with a solvent
surety owning and possessing immovable
properties for the likesum.
ii) The petitioner shall not terrorize the witnesses
or tamper with the prosecution evidence.
iii) The petitioner shall not leave territory of the
trial court without prior permission till the
completion of the trial.
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iv) The petitioner-accused shall mark his
attendance before the Investigating Officer of
the above case on first Saturday of each month
till the disposal of the case.
Sd/-
JUDGE
SBN
