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Rajesh vs The State Of Karnataka on 21 December, 2017

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
2

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
3

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.

4

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.

5

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

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