Prashanth H vs The State Of Karnataka on 28 December, 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28th DAY OF DECEMBER 2017

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL PETITION No.10212/2017

BETWEEN

Prashanth H,
S/o late Hanumanthappa,
Aged about 22 years,
Occ: Coolie,
Residing at No.806, Budal Road,
2nd Cross, SMK Nagara,
Davanagere City,
Davanagere District – 577004 …PETITIONER

(By Sri Ajay C Advocate)

AND

The State of Karnataka
By Davanagere Women Police Station,
P.J. Extension,
Davanagere District 577002

Represented by:
State Public Prosecutor,
High Court Buildings,
Bengaluru 560001 …RESPONDENT

(By Sri K.Nageshwarappa, HCGP)

This Criminal Petition is filed under section 439 Cr.PC
praying to enlarge the petitioner on bail in Cr.No.129 /2017 (CC
No.1048/2017)of Women Police Station, Davanagere District
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for the offence punishable under sections 498-A, 306, 304(B) ,
r/w
Section 34 of IPC.

This Criminal Petition coming on for Orders this day, the
Court made the following:

ORDER

The substance of the complaint is that about one year

prior to the filing of the compliant, the complainant got her

daughter Sushma married to the petitioner. Their family life

was said to be cordial and smooth going for one month.

Thereafter, the petitioner, his mother-Karibasamma, his sister-

Baby and her husband-Lakshmana started harassing Sushma,

the daughter of the complainant and made her family life

miserable. On 10.8.2017 at about 11.20 A.M. the deceased

committed suicide by hanging in her husband’s house at

Davanagere. It is stated that the petitioner, his mother, sister

and her husband have brought abnormal circumstances and

being fed up with the demand for dowry and harassment made,

the deceased has committed suicide.

2. Learned counsel for the petitioner submits that

other accused persons have already been released on bail.
3

3. Learned HCGP opposed grant of relief and would

submit that the deceased committed suicide in the house of the

petitioner.

4. The petitioner is said to be in custody from

11.8.2017. The entire family of the petitioner is booked for the

offences punishable under Sections 498A and 306 read with

Section 34 of IPC. In the context and circumstances, it is just

and proper to enlarge the petitioner on bail.

5. Accordingly, the petition is allowed. The petitioner is

ordered to be enlarged on bail on his executing a personal bond

in a sum of Rs.1,00,000/- with a surety for like sum to the

satisfaction of the trial court, subject to the following

conditions:-

i) The petitioner-accused shall not terorrize the
witnesses nor tamper the prosecution evidence in
any manner.

ii) The petitioner-accused shall not leave the
jurisdiction of the trial Court without prior
permission till the completion of the trial.

Sd/-

JUDGE
*alb/-.

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