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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL 2017
BEFORE
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.3385/2017
BETWEEN:
SRI. MUNIKRISHNAPPA
S/O RAJAPPA @ MUNIRAJAPPA,
AGED ABOUT 30 YEARS,
R/AT SHAMSHETHIHHALLI VILLAGE,
MASTHI HOBLI,
MALUR TALUK-563 139
… PETITIONER
(BY SRI. RAMAKRISHNA HEDGE., ADVOCATE FOR
SRI. VEERANNA G TIGADI., ADVOCATE)
AND
STATE OF KARNATAKA
REP BY THE SUB-INSPECTOR OF POLICE,
MASTHI POLICE STATION,
MASTHI, MALUR TALUK,
REPRESENTED BY THE SPP,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
… RESPONDENT
(BY SRI.K. NAGESHWARAPPA, HCGP)
CRL.P FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS
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ARREST IN CR.NO.35/2016 (S.C.NO.159/2016) OF
MASTI P.S., KOLAR DISTRICT FOR THE OFFENCE
P/U/S 408A,304B R/W 34 OF IPC AND SEC.3,4 OF D.P
ACT.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the
learned High Court Government Pleader for the
respondent-State.
2. The petitioner/accused No.4 along with his
family members are charge sheeted by the respondent-
Police in Crime No.35/2016 (S.C.No.159/2016) in
respect of offence punishable under Sections 498A,
304B, r/w 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act,1961.
3. The allegation is deceased-Savitha was
married to the accused No.1, who is the brother of
petitioner/accused No.4. For last six years; dowry in
cash and kind was given to the accused persons on
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demand. At their instance, in the subsequent days, the
deceased procured Rs.50,000/- from her parental home
for purchase of a car for accused No.1. For last six
months prior to the incident, the accused persons
harassed the deceased physically and mentally to get
additional dowry. The accused No.1 started living at
Bengaluru without caring for the deceased. The
deceased being frustrated by the same, committed
suicide by setting herself ablaze on 27.03.2016.
4. The co-accused are already enlarged on bail
and the investigation is concluded. The prosecution case
is yet to be proved by way of circumstantial evidence
during the trial, there is no impediment to allow the
petition and grant bail to the petitioner.
5. Accordingly, petition is allowed and
petitioner is enlarged on bail in Crime No.35/2016
registered by respondent – police Station, subject to the
following conditions:
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ORDER
a) He shall execute a personal bond in a sum
of Rs.1,00,000/- (Rupees one lakh only)
with one surety for the like sum to the
satisfaction of trial court.
b) He shall attend the Court regularly on all
hearing dates;
c) He shall not threaten the prosecution
witnesses.
Sd/-
JUDGE
DM