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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2017
BEFORE
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION No. 2538/2017
BETWEEN:
MOHAN KUMAR,
S/O PUTTASWAMY GOWDA,
AGED ABOUT 37 YEARS,
RESIDING AT TOREHOSURU VILLAGE,
CHANNAPATNA TALUK,
RAMANAGAR DISTRICT – 562 160. … PETITIONER
(A-1 Now at J.C.)
(BY SRI SRINIVAS R., ADVOCATE)
AND:
STATE OF KARNATAKA BY
M.K.DODDI P.S.
CHANNAPATNA TALUK,
RAMANAGARA
BANGALORE – 562 160.
BY SPP
HIGH COURT OF KARNATAKA,
BANGALORE. … RESPONDENT
(BY SRI S. VISHWAMURTHY, HCGP)
…
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING
TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.4/2017
OF M.K.DODDI POLICE STATION, RAMANAGARA FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 304(B) AND
201 R/W 34 OF IPC AND SECTIONS 3 AND 4 OF THE DOWRY
PROHIBITION ACT.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT PASSED THE FOLLOWING:
ORDER
The petitioner (accused No.1) along with his
parents is charge sheeted by the respondent-police in
respect of offences under Sections 498A, 302, 304B r/w
34 of IPC and Sections 3, 4 and 6 of the Dowry
Prohibition Act, 1961.
2. The allegation is that the deceased Pushpa
Latha was married to the petitioner on 23.10.2011;
during the marriage, dowry in cash and kind was given;
the accused persons harassed the deceased to get
additional dowry from her parents. She was also
pressurized to undergo termination of pregnancy when
she conceived for the second time. Frustrated in life,
the deceased committed suicide by hanging herself to
the roof of the house on 6.1.2017. The petitioner had
pledged golden necklace of the deceased with the pawn
broker.
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3. Perused the charge sheet papers, more
particularly, the post mortem report.
4. As of now, there is nothing from the papers to
presume the death of the deceased as homicidal.
Accused Nos. 2 and 3 are on bail. Since the prosecution
is required to prove their case through evidence of
substantial witness, there is no impediment to allow the
petition.
5. Petition is allowed. The petitioner is enlarged
on bail on executing a self bond for a sum of Rs. One
Lakh with one surety for the likesum to the satisfaction
of the concerned Court. He shall attend the Court
regularly on all the hearing dates and shall not threaten
or lure the prosecution witnesses.
Sd/-
Judge
Nsu/-