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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Dated this the 8th day of March, 2017
BEFORE
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
Criminal Petition No.707/2017
BETWEEN :
Mr.T.M.VENKATARAMANA
S/O LATE MUNISWAMY
AGED ABOUT 42 YEARS
OCC: TEACHER IN PRIVATE SCHOOL
R/A. TINNALI VILLAGE
SRINIVASAPURA TALUK
KOLAR DISTRICT - 563 101 ... PETITIONER
(By Shri. VEERANNA G. TIGADI, Adv., FOR
Shri. SIDDHARTH B. MUCHANDI, Adv.,)
AND :
STATE OF KARNATAKA
BY THE POLICE OF SRINIVASAPURA
POLICE STATION, SRINIVASAPURA
KOLAR DISTRICT - 563 101
REP. BY SPP, HIGH COURT OF KARNATAKA
BANGALORE - 1 ... RESPONDENT
(By Shri. K.NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETR. ON BAIL IN S.C.NO.153/2016 PENDING
ON THE FILE OF I ADDL. S.J., KOLAR AND CR. NO.137/2016
OF SRINIVASAPURA POLICE STATION, KOLAR, FOR THE
OFFENCES P/U/Ss.302, 498(A) OF IPC AND SECs.3 AND 4 OF
D.P.ACT. THE I ADDL. S.J., KOLAR HAS REJECTED THE
BAIL APPLICATION ON 9.1.2017 IN S.C.NO.153/2016.
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THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition under Section 439 Cr.P.C. is filed
seeking enlargement of petitioner on bail in Crime
No.137/2016, registered in Srinivasapura Police Station
for offences punishable under Sections 302, 498A IPC and
Sections 3 4 of Dowry Prohibition Act, 1961.
2. Petitioner is the husband and deceased is the
wife. Case of the prosecution is that the petitioner
assaulted the victim and pushed her and as a result,
victim’s head rammed against the wall causing subdural
hemorrhage resulting in her death.
3. Learned Counsel for the petitioner submits that
the petitioner is a Teacher and the deceased – wife was
also a Teacher. The petitioner has a child, aged 2½ years
to take care. They were married for about 9 years. He
submits that even if the allegations in the charge sheet are
taken on the face value, the incident may have occurred
due to sudden provocation. Considering the fact that the
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petitioner is a Teacher and has a child, aged 2½ years,
learned Counsel for the petitioner prays that the petitioner
may be enlarged on bail on any conditions and the
petitioner undertakes to abide by them. Accordingly, he
prays for allowing this petition.
4. Learned HCGP opposes the petition on the
ground that the death has occurred due to assault by the
petitioner.
5. I have carefully considered the submissions of
the learned Counsel for the petitioner, learned HCGP
perused the material papers.
6. A reading of the complaint shows that the
petitioner and his wife were living happily for some years
and thereafter differences arose between them. Though
the final opinion regarding cause of death kept pending for
want of FSL report, the description of injury and the
internal injury shows that the cause may be due to
subdural hemorrhage. Police have completed the
investigation and already filed the charge sheet.
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7. Petitioner is a Teacher and he has a child, aged
2½ years. In the circumstances, in my view, this petition
merits consideration and deserves to be allowed on
stringent conditions. Accordingly, it is directed that:
(i) Petitioner shall be released on bail in
Crime No.137/2016 registered in
Srinivasapura Police Station, upon his
executing a self bond for a sum of Rs.
1,00,000/- with two sureties for the like
sum to the satisfaction of the
jurisdictional Court;
(ii) Petitioner shall co-operate with the
Investigating Officer during the further
course of investigation, if any and appear
before him as and when called upon;
(iii) Petitioner shall not directly or indirectly
make any inducement, threat or promise
to prosecution witness or any person
acquainted with the facts of the case, so
as to dissuade him from disclosing such
facts to the Court or investigating officer;
iv) Petitioner shall not involve himself in any
criminal activities; and
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(v) If the petitioner violates any one of the
conditions, the prosecution shall be at
liberty to seek cancellation of bail.
Petition allowed.
Sd/-
JUDGE
cp*
