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Judgments of Supreme Court of India and High Courts

Sri. Ramesha vs The State Of Karnataka on 8 February, 2018

1

THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.167/2018

BETWEEN:

SRI. RAMESH
S/O CHIKKAKULLAYAPPA
AGED ABOUT 37 YEARS
R/A #3302, MARKET ROAD
CHANNAPA KALYANI
NELAMANGALA
BANGALORE RURAL-562123.
… PETITIONER

(BY SRI SURESH N, ADVOCATE)

AND

THE STATE OF KARNATAKA
BY ITS SHO, NELAMANGALA
TOWN POLICE STATION
BANGALORE RURAL DISTRICT
REP. BY ITS GOVERNMENT
STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE CITY-562123
… RESPONDENT
(BY SRI K NAGESHWARAPPA, HCGP)
2

THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING
TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CRIME NO.258/2017 OF
NELAMANGALA TOWN POLICE STATION, BENGALURU
DISTRICT FOR THE OFFENCE P/U/S 498A, 302, 304B,
R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT.

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

ORDER

This petition is filed by the petitioner/accused

No.2 under Section 438 of Cr.P.C. seeking anticipatory

bail, to direct the respondent-police to release the

petitioner on bail in the event of his arrest for the

offences punishable under Sections 498A, 302, 304B,

read with 34 of IPC and Sections 3 and 4 of Dowry

Prohibition Act registered in respondent police station

Crime No.258/2017.

2. Heard the arguments of the learned counsel

appearing for the petitioner/accused and also the
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learned High Court Government Pleader appearing for

the respondent-State.

3. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

4. Looking into the allegations made in the

complaint, there are specific allegations as against the

husband, who is accused No.1, that he was insisting the

deceased to bring amount from her parental place as he

wanted to open a showroom, he was in need of money.

No doubt, the name of petitioner is also mentioned in

the complaint, but the allegations regarding other family

members are concerned, they are vague and general in

nature. The allegations are not specific as against the

petitioner. Petitioner has denied the allegations and it

is contended by the learned counsel for the petitioner

that petitioner was staying in ground floor, whereas
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accused No.1 and the deceased were staying in first

floor of the house. It is also stated that petitioner has

undertaken to abide by any conditions to be imposed by

this Court. It is submitted by the learned HCGP that

investigation is yet to be completed. But, looking into

the materials placed on record and as other accused

i.e., accused Nos.3 to 6, under similar set of allegations,

have been granted bail, I am of the opinion that it is a fit

case to exercise discretion in favour of the petitioner.

5. Accordingly, petition is allowed. The

respondent-Police is directed to enlarge the present

petitioner on bail in the event of his arrest in connection

with Crime No.258/2017 registered for the above said

offences, subject to the following conditions:

i. Petitioner shall execute a personal
bond for Rs.1,00,000/- and shall
furnish one surety for the likesum to
the satisfaction of the arresting
authority.

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ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

iii. Petitioner has to make himself
available before the Investigating
Officer for interrogation, as and when
called for and to cooperate with the
further investigation.

iv. The petitioner has to appear before the
concerned Court within 30 days from
the date of this order and to execute
the personal bond and the surety
bond.

Sd/-

JUDGE

BSR

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