Crl.P.No.7705/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2018
BEFORE
THE HON’BLE MRS.JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.7705/2018
BETWEEN:
Adda Jagadeesh Kumar
S/o Adda Suryanarayana
Aged about 33 years
Kowtlamma Temple Street
Chebrolu Village,
West Godavari District
Andhra Pradesh-534 462.
…Petitioner
(By Sri Ranganath Reddy, Advocate)
AND:
State by
Sanjay Nagar Police Station
Bangalore
Represented by State Public Prosecutor
High Court of Karnataka
Bangalore-560 001.
…Respondent
(By Smt. Namitha Mahesh B.G., HCGP)
Crl.P.No.7705/2018
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This Criminal Petition is filed under Section 439 of
the Cr.P.C praying to enlarge the petitioner on bail in
Crime No.160/2018 of Sanjay Nagar Police Station,
Bangalore City for the offences punishable under
Sections 498A, 304B r/w Section 34 of Indian Penal
Code.
This Criminal Petition coming on for Orders, this
day the Court made the following:-
ORDER
Sanjay Nagar police have charge sheeted the
petitioner in Crime No.160/2018 of their police station
for the offence punishable under Sections 498-A and
304(B) of IPC.
2. The marriage of the petitioner and victim
Dr.V.Lakshmi Naga Lavanya was solemnized on
20.4.2018 and that was a love marriage. Dr.Lakshmi
Naga Lavanya committed suicide on 1.8.2018 by
hanging herself in her parental house in Bengaluru.
3. It is alleged that the petitioner subjected
Lakshmi Naga Lavanya to mental cruelty in connection
with his unlawful demand for money and for her ATM
Crl.P.No.7705/2018
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cards. Due to such cruelty leaving behind two suicide
notes she committed suicide .
4. The suicide has taken place in the parental
house of the victim. There are no allegations of physical
cruelty nor post mortem report and inquest report
disclose any external injuries on the dead body. Further
the alleged suicide notes or their copies are not made
part of charge sheet records. It is stated in the charge
sheet that the original suicide notes are sent for expert
opinion to FSL.
5. The offence alleged against the petitioner is not
exclusively punishable with death or imprisonment for
life. Though dowry harassment is alleged, no charge
sheet is laid for the offence under the Dowry Prohibition
Act.
6. The petitioner is a doctor by profession. Since
the material witnesses are the victim’s own relatives, the
Crl.P.No.7705/2018
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chances of the petitioner tampering them are remote.
Under these circumstances, it is a fit case to grant bail.
7. Therefore, the petition is allowed. Petitioner is
granted bail in Crime No.160/2018 of Sanjay Nagar
Police Station, pending in C.C.No.32322/2018 before
the 8th Additional Chief Metropolitan Magistrate Court,
Bengaluru City, subject to the following conditions:
1) The petitioner shall execute personal
bond in a sum of Rs.50,000/- and
furnish two sureties in the like-sum to
the satisfaction of the concerned Court.
2) He shall appear before the Court as and
when required for the purpose of trial.
3) He shall not tamper the prosecution
witnesses by threats, inducement or
otherwise;
Sd/-
JUDGE
*AP/-
