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Judgments of Supreme Court of India and High Courts

Manjunath vs State Of Karnataka on 3 January, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3rd DAY OF JANUARY, 2018

BEFORE

THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION No.9104 OF 2017

BETWEEN

MANJUNATH
S/O MUNIYAPPA
AGED ABOUT 34 YEARS
R/O THORANAHALLI VILLAGE
BYRANAHALLI POST
KASABA HOBLI, MALUR – TALUK
KOLAR DISTRICT – 563 160 …PETITIONER

(BY SRI.GIREESHA.J.T, ADV.,)

AND

STATE OF KARNATAKA
BY AVALAHALLI P.S.
REPRESENTED BY SPP
HIGH COURT BUILDING
BANGALORE – 560 001 …RESPONDENT

(BY SRI. K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.62/2017 OF AVALAHALLY POLICE STATION,
BENGALURU DISTRICT FOR THE OFFENCE P/U/S 304B, 498A
R/W 34 OF IPC AND SEC.3, 4 OF 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 petitioner/accused

No.1 under Section 439 of Cr.P.C. seeking his release on

bail for the offences punishable under Sections 304B,

498A r/w Section 34 of IPC and also Sections 3 and 4 of

Dowry Prohibition Act, registered in respondent – police

station in Crime No.62/2017.

2. The mother of the deceased is the

complainant in this case, wherein it is stated that her

daughter was given in marriage to accused No.1 about

three years prior to the incident. For the period of one

year the couple lead happy marital life. Thereafterwards

they started to ill treat her and they have also harassed

to bring dowry amount from her parental place. The

further statement goes to show that even one day earlier
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to the incident deceased went to her husband place and

then come back and she committed suicide in the house

of the complainant. On the basis of the said complaint

case came to be registered for the said offences.

3. Heard the arguments of the learned counsel

appearing for the petitioner/accused and also the

learned High Court Government Pleader appearing for

the respondent-State.

4. Learned High Court Government Pleader

opposes the petition on the ground that death has taken

within seven years from the date of the marriage and

looking to the complaint averments there are allegations

that they insisted to bring the dowry amount. He also

submitted that the deceased left the death note, wherein

also allegations are made as against all the accused

persons that they were giving ill treatment in connection
4

with the dowry amount. Hence, petitioner is not entitled

for bail.

5. Learned counsel appearing for the petitioner

made the submission that looking to the complaint

averments similar set of allegations are made as against

all the accused persons and accused No.3 approached

this Court seeking anticipatory bail. This Court by order

dated 9.11.2017 allowed the petition in Crl. P.

No.7742/2017. He has produced the copy of the said

order also. Hence he made the submission that looking

to the observation at para 6 of the said bail order is

material for the purpose of the present bail petition also.

6. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

5

7. It is no doubt true that the incident has

taken place within seven years from the date of

marriage but the incident took place in the house of the

complainant and not in the house of the

petitioner/Accused No.1. Now the investigation is

completed and charge sheet is also filed. The

petitioner/accused No.1 has contended in the petition

that he is innocent and they never ill treated the

deceased and never insisted her to bring dowry amount

from the parental place. The alleged offence is not

exclusively punishable for death or imprisonment for

life. Therefore by imposing reasonable conditions he

can be admitted to regular bail.

8. Accordingly, petition is allowed.

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

bail for the offence punishable under Sections 304B,

498A r/w Section 34 of IPC and also Sections 3 and 4 of
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Dowry Prohibition Act, registered in respondent – police

station in Crime No.62/2017. subject to the following

conditions:

i. Petitioner has to execute a personal
bond for Rs.1,00,000/- and has to
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 has to appear before the
concerned Court regularly.

Sd/-

JUDGE

KLY/

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