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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL 2017
BEFORE
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.1861/2017
BETWEEN:
1. MALLU
S/O. NANJAIAH,
AGED ABOUT 32 YEARS.
2. NANJAIAH,
S/O. LATE MALIGAIAH,
AGED ABOUT 65 YEARS.
BOTH ARE R/AT SATHEGALA,
HAND POST, KOLLEGALA TALUK,
CHAMARAJANAGARA,
DISTRICT-571 313.
…PETITIONERS
(BY SRI. MANJUNATH N.D., ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
KOLLEGALA RURAL POLICE STATION,
CHAMARAJANAGARA DISTRICT,
REP/BY SPP HIGH COURT,
BENGALURU-560 001.
… RESPONDENT
(BY SRI. B. VISWESWARAIAH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE
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THE PETITIONER ON BAIL IN CRIME NO.240/2016 OF
KOLLEGALA RURAL POLICE STATION, CHAMARAJANAGAR AND
C.C.NO.7/2017, FOR THE OFFENCE P/U/S 498(A),114,306 R/W
34 OF IPC ETC.,
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are accused Nos.1 and 3 in Crime
No.240/2016 which is presently pending before the
District and Sessions Judge, Chamarajanagar sitting at
Kollegala in C.C. No.07/2017.
2. Heard the learned counsel for the petitioners
and the learned HCGP., for the State.
3. Learned HCGP., has not filed any statement
of objections but has orally opposed for grant of bail to
the petitioners.
4. Initially FIR was registered against the
petitioners and the mother-in-law of the deceased under
Section 498(A) and 304(B) of IPC. However, after the
investigation, charge sheet is filed under Sections 498A
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and 306 of IPC. Admittedly, the incident has taken
place within seven years from the date of the marriage
between petitioner No.1 and the deceased. Even though
there were allegations of cruelty in connection with
dowry demand, the investigating agency appears to have
not collected any material in support of dowry demand.
As a result, the allegations are confined to the alleged
cruelty attracting the offence under Sections 498(A) of
IPC. The evidence suggests that the deceased
committed suicide in the matrimonial home. As the
investigation is completed, the custody of the petitioners
is not required to be extended. Therefore, taking into
consideration the nature of evidence collected by the
prosecution in proof of the charges leveled against the
petitioners, I am of the view that no prejudice would be
caused to the prosecution if the petitioners are admitted
to bail subject to stringent conditions.
5. Hence, the following order:-
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Criminal petition is allowed. The petitioners are
ordered to be enlarged on bail subject to the following
conditions:-
a. The petitioners shall furnish a bond for
Rs.1.00 lakh (Rupees One lakh only) each
with two sureties each for the like sum to
the satisfaction of the jurisdictional
Magistrate;
b. The petitioners shall appear before the
Court as and when required;
c. The petitioners shall not threaten or
allure the prosecution witnesses;
d. The petitioners shall not leave the
jurisdiction of the trial Court without prior
permission.
If any of the conditions are violated, the prosecution
is at liberty to seek for cancellation of bail.
SD/-
JUDGE
BS
