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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.4387/2018
Between:
P K Manikumar
S/o. P.V. Sathyanaraya,
Aged about 26 years,
R/at No.174, 2nd Floor,
17th B Cross, 23rd Main,
3rd Sector, HSR Layout,
Bengaluru – 560 102 …Petitioner
(By Sri Chandrashekar R P, Advocate)
And:
The State of Karnataka
By H.S.R. Layout Police Station
Represented by S.P.P.,
High Court of Karnataka,
Bengaluru – 560 001.
…Respondent
(By Sri S Vishwa Murthy, HCGP)
This Criminal petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in
Crime No.121/2018 of H.S.R. Layout Police Station,
Bengaluru for the offence punishable under Sections 498A,
304B of IPC and Sections 3 and 4 of Dowry Prohibition Act
and etc.,
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This Criminal petition coming on for Orders, this day,
the court made the following:
ORDER
The petitioner is the husband of the deceased.
Their marriage took place on 21.05.2017. It is alleged
that at the time of marriage, cash of Rs.5,00,000/- and
120 gms of gold ornaments was paid as dowry. In spite
of it, the petitioner and his mother raised a demand for
additional dowry. In order to satisfy their demand, one
acre of land was jointly registered in the name of the
petitioner and deceased. In spite of it, deceased was
subjected to ill-treatment and harassment in the
matrimonial home. Hence, it is alleged that the
deceased committed suicide by hanging herself in the
matrimonial home.
2. The allegations made against the petitioner
are no doubt serious in nature, but these allegations are
required to be substantiated during the trial. The
witnesses relied on by the prosecution are the parents
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and the immediate relatives of the deceased and
therefore, there cannot be any apprehension of
tampering these witnesses. Since, substantial
investigation is completed, in my view, it is not proper
to extend the custody of the petitioner any further.
3. Accordingly, the criminal petition is allowed.
a) Petitioner is ordered to be enlarged on
bail on furnishing a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only)
with one surety for the likesum to the
satisfaction of the jurisdictional court.
b) Petitioner shall appear before the court
as and when required.
c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever
manner.
d) Petitioner shall not get involved in
similar offences.
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e) Petitioner shall not leave the jurisdiction
of the Trial Court without prior
permission of the Trial Court.
Sd/-
JUDGE
AV/SSD