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Shanthachar @ Shanthakumar vs The State Of Karnataka on 24 January, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF JANUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.10263/2017

BETWEEN:

1. SHANTHACHAR @ SHANTHAKUMAR,
S/O BHASKARACHAR,
AGED ABOUT 38 YEARS,

2. VEERACHAR HB@ SWAMY,
S/O BHASKARACHAR,
AGED ABOUT 47 YEARS,

BOTH PETITIONERS ARE
RESIDENTS OF NO.95/23,
VINAYAKA LAYOUT,
HANDARALLI MAIN ROAD,
PEENYA 2ND STAGE,
NEAR CHETAN CIRCLE,
BANGALORE-560 091.

… PETITIONERS

(BY SRI K.B.SWAMY, ADV.,)

AND:

THE STATE OF KARNATAKA,
BY GANDASI POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
2

HON’BLE HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON
BAIL IN CR.NO.235/2017 OF GANDASI POLICE STATION,
HASSAN FOR THE OFFECE P/U/S 498(A) AND 304(B) R/W
34 OF IPC.

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

ORDER

This petition is filed by the petitioners/accused

Nos.1 and 2 under Section 439 of Cr.P.C. seeking his

release on bail of the offences punishable under

Sections 498A, 304B read with 34 of IPC, registered in

respondent – police station Crime No.235/2017. The

brother of the deceased is the complainant in this case.

2. Heard the arguments of the learned counsel

appearing for the petitioners/accused and also the

learned High Court Government Pleader appearing for

the respondent-State.

3

3. Learned counsel for the petitioners during

the course of his arguments has submitted that even

looking into the complaint averments there are no

serious allegations as against any of the accused

persons like they were demanding dowry amount or

giving ill-treatment and harassment to the deceased, the

only allegation is that they were telling her that she did

not know how to prepare food and how to do household

work, except that there is no other allegation against

them. He has further submitted that petitioners herein

are Carpenters by profession and they were not staying

along with the deceased in their village, they are staying

at Bengaluru. Hence, he submitted that the ingredients

of Section 304B are not at all complied with in this case,

no such offence has taken place. He has further

submitted that from the date of arrest, petitioners are in

custody, hence, they may be released on bail.
4

4. Learned High Court Government Pleader

opposed the petition contending that the incident took

place within two years from the date of marriage and it

is in the house of the petitioners herein, therefore, it is

the petitioners, who have to explain the circumstances

under which the incident took place. He has also

submitted that in the complaint there is an allegation

that petitioners made demand for dowry amount and for

that they arranged Rs.50,000/-, even though they have

given the amount at the time of marriage. He has

further submitted that the matter is under

investigation, hence, at this stage, petitioners are not

entitled for grant of bail.

5. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

5

6. The allegations are made in the complaint

that it is the petitioners along with other accused are

responsible for the death of the deceased. The matter is

still under investigation. Therefore, at this stage

without making any comments on the merits of the

case, petition is rejected with the liberty to the

petitioners to approach the concerned Court after

completion of investigation and filing of final report in

the matter.

Sd/-

JUDGE

BSR

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