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Sri Ranganath vs The State-Through The Police … on 10 May, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF MAY 2018

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No.2812/2018

BETWEEN:
1. SRI RANGANATH
S/O DODDAIAH
2. SRI DODDAIAH
S/O BOGAPPA

BOTH ARE R/AT HOCHIHALLI VILLAGE
YAGATI HOBLI, KADUR TALUK,
CHIKMAGALURU DISTRICT-577102 … PETITIONERS

(BY SRI H.MALATESH, ADV.)

AND:
THE STATE
THROUGH THE POLICE INSPECTOR
PANCHANAHALLI POLICE STATION
CHIKMAGALURU
REP. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-01 …RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP.)

THIS CRL.P. FILED UNDER SECTION 439 CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.64/2017 (S.C.NO.43/2018) OF PANCHANAHALLI P.S.,
CHIKKAMAGALURU DISTRICT FOR THE OFFENCE P/U/S 498A,
304B R/W 34 OF IPC AND SECTIONS 3, 4 OF D.P. ACT.

THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER

Heard.

2. Panchanahalli police of Kadur Taluk have

charge sheeted the petitioners in Crime No.64/2017 of

their Police station for the offences punishable under

Sections 498A, 304B read with 34 of Indian Penal Code

and Sections 3 and 4 of the Dowry Prohibition Act. The

said case is registered initially against the petitioners

and Chandramma i.e., the mother of the first petitioner

for the offences punishable under Section 302 read with

34 of Indian Penal Code and Sections 3 and 4 of the

Dowry Prohibition Act, on the basis of complaint of CW1

Gowramma W/o Manjappa.

3. The case of the prosecution in brief is as

follows:

Accused Nos.1 3 are the son and wife of the

second accused. The marriage of first accused and

CW1’s daughter Sudha was celebrated on 19.02.2017.
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After the marriage, the accused subjected Sudha to

physical and mental cruelty in connection with their

demand for dowry and humiliating that she is a barren

woman. Being frustrated by that, Sudha committed

suicide by hanging herself on 11.08.2017 at 7.45 a.m.,

in the house of the second accused situated at

Hochihalli village.

4. Though initially the allegations of cruelty in

connection with demand for dowry etc., were made

against the mother-in-law, while filing the charge sheet,

she is dropped. In the complaint, it is stated that few

days before the death of Sudha, the complainant took

his elders to the house of the accused and held a

Panchayath. The names of those elders/mediators are

not mentioned in the complaint. Even in the further

statement, the complainant has not revealed the names

of those elders.

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5. As per the charge sheet records themselves

when Sudha committed suicide, the accused Nos. 1 3

were not there in that house. Accused No.1 was working

as driver in Bengaluru and accused No.3 was living with

him. The statement of Sri. Vijaya Kumar (neighbor of

the victim) as well as the accused No.2 shows that even

the second accused was not there at the house when

the victim committed suicide. Therefore, at this stage,

except the statement of relatives of the victim, there is

no evidence of independent witnesses to speak

regarding the cruelty or demand for dowry soon before

death.

Having regard to the facts and circumstances,

petition is allowed. Petitioners are granted bail in Crime

No.64/2017 of Panchanahalli Police Station, Kadur

Taluk. They shall be released on bail subject to the

following conditions:

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i) The petitioners shall execute personal
bond of Rs.25,000/- (Rupees Twenty
Five Thousand only) and furnish one
surety in the like sum to the
satisfaction of the jurisdictional
Magistrate.

ii) The petitioners shall appear before the
Court regularly and co-operate for the
trial.

iii) The petitioners shall not tamper the
prosecution witnesses by threats,
inducement or otherwise.

SD/-

JUDGE
NC/AV

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