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Vasanthkumar vs State Of Karnataka By on 3 April, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03RD DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.9586/2017
BETWEEN:
Vasanthkumar
S/o Late Mukunda Rao
Aged about 28 years
Second Division Assistant
In S.P. Office, Chikkamagaluru
R/at Ashwath Nagar, Kadur Town
Chikkamagaluru District-577548 … Petitioner

(By Sri A.H.Bhagavan, Advocate)

AND:

State of Karnataka by
Kadur Police Station

Represented by SPP
High Court of Karnataka at
Bengaluru – 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 Crime
No.218/2017 of Kadur Police Station, Chikkamagaluru
District for the offence punishable under
Sections 498A,
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304B and 506 read with Section 34 of IPC and Sections 3
and
4 of Dowry Prohibition Act.

This criminal petition coming on for orders this day,
the Court made the following:

ORDER

This is a petition filed under Section 439 of Cr.P.C.

The petitioner is accused No.1 in Crime No.218/2017

registered by the respondent-police for the offences

punishable under Section 498A, 304B and 506 read with

Section 34 of IPC and Sections 3 and 4 of Dowry

Prohibition Act.

2. Heard the petitioner’s counsel and the learned

High Court Government Pleader for respondent-State.

3. The complaint was made by R.Govindaraju, the

father of the deceased. In the complaint, it is seen that

the marriage of the deceased with the petitioner took place

on 28.02.2016. At the time of marriage, it is stated that

the complainant gave Rs.1,00,000/- by way of cash and

100 grams of gold to the petitioner. The deceased came
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to know that, her husband i.e., petitioner was having

relationship with another girl. There is also allegation that,

after the marriage, this petitioner and his parents and

sisters used to demand for dowry of Rs.5,00,000/-. On

24.10.2017, the petitioner himself telephoned to the

complainant and informed about the suicide committed by

his wife.

4. A plain reading of the complaint shows that at

the time of marriage, there was no demand for dowry.

The demand for dowry made after the marriage is a matter

to be proved before the Court. There is an allegation that

this petitioner was having illicit relationship with another

girl. What actually could be the reason for the death, is a

matter to be established before the Court.

5. Learned High Court Government Pleader

submits that investigation is almost completed and the

other accused are also released on bail. Therefore, in

these circumstances, this petitioner may also be admitted
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to bail by subjecting him to certain conditions. Therefore,

the following:

ORDER

Petition is allowed.

The petitioner is ordered to be released
on bail in connection with Crime No.218/2017
registered by Kadur Police Station, subject to
his executing a bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only) and
furnishing two sureties for the likesum to the
satisfaction of the trial Court. Petitioner is also
subjected to following conditions:

i. He shall not tamper with the evidence
collected by the investigating officer

ii. He shall not directly or indirectly threaten
the witnesses.

iii. He shall regularly appear before the Court
for trial, without fail.

Sd/-

JUDGE
KMV/-

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