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Judgments of Supreme Court of India and High Courts

Sri S T Jayarama(A-1) vs State Of Karnataka on 8 February, 2018

1

IN 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.8934/2017

BETWEEN:

SRI S T JAYARAMA
S/O THIMMAPPA
AGED ABOUT 26 YEARS
R/A SHIVANASANDRA VILLAGE
THIPPASANDRA HOBLI
MAGADI TALUK
RAMANAGARA DISTRICT-562120
… PETITIONER
(BY SRI. KEMPE GOWDA C M., ADV.)

AND

STATE OF KARNATAKA
BY KUDUR POLICE
MAGADI TALUK
RAMANAGARA DISTRICT
BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING COMPLEX
HIGH COURT OF KARNATAKA
BANGALORE-560001
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
2

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CRIME NO.395/2017 OF
KUDUR POLICE STATION, RAMANAGARA DISTRICT
FOR THE OFFENCE P/U/S 498A,304B 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 petitioner/accused

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

bail of the offences punishable under Sections 498A,

304 read with 34 of IPC, registered in respondent –

police station Crime No.395/2017.

2. 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.

3

3. One Smt.Lakshmamma, the mother of the

deceased, filed the complaint. I have perused the

contents of the complaint, there are allegations that the

petitioner was giving ill-treatment and harassment to

the deceased insisting her to bring dowry amount from

her parental place. Though it is submitted by the

learned counsel for the petitioner that there is

exaggeration of the allegations in the complaint, but the

material shows that the incident took place in the house

of the petitioner, and it is within five months from the

date of marriage. It is alleged that the deceased used to

tell before the complainant about the ill-treatment and

harassment by her husband. Hence, it is for the

petitioner to explain under what circumstances the said

incident took place, because he is the best witness,

being the husband, and the things are within his

exclusive knowledge about the happening of the

incident. Looking into the materials collected ,
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prosecution placed prima-facie material to show the

involvement of petitioner in committing the alleged

offence, hence it is not a fit case to exercise discretion in

favour of the petitioner. Accordingly, petition is hereby

rejected.

Sd/-

JUDGE

BSR

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