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Sri Mahesh N vs State By Peenya Police Station on 5 June, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05TH DAY OF JUNE 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.1819 OF 2018

BETWEEN:

Sri Mahesh N.
S/o. Nanjappa
Aged about 27 years
Residing at No.2, 5th Cross
Vijayanagara , 8th Mile
T-Dasarahalli, Bengaluru – 560 057.
… Petitioner
(By Sri J.T.Gireesha, Advocate)

AND

State by Peenya Police Station
Represented by P.P.City Civil Court Complex
Bengaluru – 560 001.
… Respondent
(By Sri K.Nageshwarappa, HCGP)

This Criminal Petition is filed under Section 439 Cr.P.C
praying to enlarge the petitioner on bail in Crime
No.622/2017 of Peenya Police Station, Bengaluru City, for the
offence P/U/S.498A, 304B 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:-
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ORDER

This petition is filed by accused No.1 under Section 439

of the Code of Criminal Procedure seeking his release on bail

for the alleged offences punishable under Sections 498-A and

304-B of IPC and Sections 3 and 4 of Dowry Prohibition Act in

Crime No.622/2017.

2. Heard the learned counsel for the petitioner and

the learned High Court Government Pleader.

3. Learned High Court Government Pleader has not

filed any statement of objections but has orally opposed the

petition.

4. The petitioner is the husband of the deceased and

their marriage was performed in the year 2011. It is alleged

that at the time of their marriage, a cash of Rs.50,000/- and

gold ornaments were given to the petitioner herein by way of

dowry. Apart from making demand for additional dowry, the

petitioner was ill-treating and harassing the deceased. It is
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further alleged that the petitioner was taunting the deceased

saying that if he had married any other woman, he would

have received lakhs of dowry and he was provoking the

deceased to commit suicide. Hence, the deceased being

unable to bear the cruelty and harassment meted out to her,

on 04.10.2017 at about 1.30 a.m. in the night committed

suicide by hanging to the ceiling fan in her matrimonial

house.

5. The investigation is completed. The case of the

prosecution is that in view of the ill-treatment given to the

deceased and on account of additional dowry demand, she

committed suicide. The material witnesses relied upon by the

prosecution in proof of the charges are the blood relatives of

the deceased. Therefore, the likelihood of the petitioner either

influencing or threatening the said witnesses is remote. The

petitioner has been in custody since 06.10.2017.

6. Having regard to the above facts and

circumstances of the case, the custody of the petitioner is not
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required to be extended as a punishment. For all the above

reasons, the petition is allowed, subject to the following

conditions:-

1) The petitioner is ordered to be enlarged on bail on

furnishing a bond in a sum of Rs.1,00,000/-

(Rupees one lakh only) with one surety for the like

sum to the satisfaction of the jurisdictional Court;

2) The petitioner shall appear before the Court as

and when summoned;

3) The petitioner shall not threaten or allure the

prosecution witnesses in any manner;

4) The petitioner shall not leave the jurisdiction of

the Trial Court without prior written permission.

Sd/-

JUDGE
SA

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