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Sri. Devaraja vs State Of Karnataka on 9 January, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9TH DAY OF JANUARY, 2018

BEFORE

THE HON’BLE MR. JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.10053 OF 2017

BETWEEN:

DEVARAJA
S/O. LATE LAKSHMANACHAR,
AGED ABOUT 30 YEARS,
RESIDING AT KITTAGANAHALLI VILLAGE,
ANEKAL TALUK,
BENGALURU RURAL DISTRICT.
… PETITIONER

(BY SRI R. V. SHIVANANDAREDDY, ADV.)

AND:

STATE OF KARNATAKA
BY HEBBAGODI POLICE,
BENGALURU DISTRICT,
REPRESENTED BY STATION PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU.
… RESPONDENT

(BY SRI K. NAGESHWARAPPA, H.C.G.P.)

***
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.276/2014 (S.C.NO.5003/2015) OF
HEBBAGODI POLICE STATION, BANGALORE DISTRICT, FOR
THE OFFENCES P/U/S. 498-A AND 304-B OF I.P.C. AND
SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT.

THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner / accused

under Section 439 of the Code of Criminal Procedure

seeking his release on bail for the offences punishable

under Sections 498A, 304B and 302 of the Indian Penal

Code, 1860 and Sections 3 and 4 of the Dowry Prohibition

Act, 1961, registered by the respondent – Police Station in

Crime No.276/2014.

2. Heard the arguments of the learned counsel for

the petitioner / accused and also the learned High Court

Government Pleader for the respondent – State.
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3. I have perused the grounds urged in the bail

petition, F.I.R., complaint and other materials placed on

record.

4. It goes to show that earlier this Court granted

bail to the petitioner herein by imposing conditions. The

averments made in the bail petition go to show that on

6-6-2017 as the petitioner was not keeping well, he was

not present before the Court. He informed his Advocate

to file necessary application, but no such application was

filed. Therefore, he was again taken to custody because

he violated the conditions of bail application and remained

absent.

5. Looking to the grounds mentioned in the bail

petition and reasons for non-appearance, I am of the

opinion that one more opportunity to be given.

Accordingly, the petition is allowed.
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The petitioner / accused is ordered to be released on

bail for the offences punishable under Sections 498A,

304B and 302 of the Indian Penal Code, 1860 and

Sections 3 and 4 of the Dowry Prohibition Act, 1961,

registered by the respondent – Police Station in Crime

No.276/2014, subject to the following conditions:-

(i) Petitioner shall execute a personal
bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one
solvent surety for the likesum to the
satisfaction of the concerned Court;

(ii) Petitioner shall not directly or
indirectly tamper with any of the
prosecution witnesses; and

(iii) Petitioner shall appear before the
concerned Court regularly.

Sd/-

JUDGE
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