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Ajaykumar vs The State By Women Police Station on 20 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.5379/2018

BETWEEN:

Ajaykumar,
S/o Basavarajappa,
Aged about 33 years,
R/o Hadadi Road,
Davangere.
Permanent resident of
Kattalagere Village,
Channagiri Taluk,
Davangere District.
…Petitioner

(By Sri S.G.Rajendra Reddy, Advocate)

AND

The State by
Women Police Station,
Davangere.
…Respondent

(By Sri Chetan Desai, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.186/2017 of Women Police Station,
Davanagere for the Offences punishable under Sections
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498(A), 306, 304(B) read with 34 of IPC and Section 3
and 4 of Dowry Prohibition Act.

This Criminal Petition coming on for Orders this
day, the Court made the following:

ORDER

The petitioner and his parents have been charge-

sheeted by the respondent – police for the offences

punishable under Sections 498A, 306 and 304B read

with Section 34 of IPC and Section 3 and 4 of Dowry

Prohibition Act, 1961.

2. The respondent police have registered an FIR

against the accused in Crime No.186/2017 on the

written complaint made by one Thippeswamy, the

brother of the deceased.

3. Heard the learned counsel for the petitioner

and the learned High Court Government Pleader.

4. In the complaint it is stated that the

marriage of the petitioner with complainant’s sister
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Shobha took place on 22.11.2013 at Chitradurga. At the

time of marriage, cash of Rs.1,00,000/- and some gold

items were given to the petitioner. Six months after the

marriage, parents of the petitioner started demanding

deceased Shobha to bring additional dowry from her

parents house as dowry given at the time of marriage

was inadequate. They were also humiliating the

deceased as she did not conceive. On 17.12.2017, the

petitioner telephoned to the complainant and told him

that there was quarrel between him and Shobha and

again he telephoned to the complainant ten minutes

later to inform him that Shobha had hanged herself.

Immediately, the complainant went to the petitioner’s

house and saw the dead body of his sister.

5. In relation to the above complaint, the police

held investigation and filed charge sheet. Though in the

statements of the witnesses it is forth coming that the

petitioner was harassing his wife for additional dowry,
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whether he really abetted his wife to commit suicide or

not is a matter to be proved before the trial Court. I do

not think bail can be denied to the petitioner just

because there are allegations against him. His presence

during trial can be secured. Therefore, the following:

ORDER

Petition is allowed.

The petitioner is ordered to be released
on bail in connection with Crime
No.186/2017 registered by Women Police
Station, Davanagere District on his
executing a bond for a sum of Rs. 1,00,000/-
(Rupees One Lakh only) and providing two
sureties for the likesum to the satisfaction of
the trial Court. Petitioner is also subjected
to following conditions:

i. He shall not tamper with the evidence
collected by the investigating officer.

ii. He shall not directly or indirectly threaten
the witnesses.

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iii. He shall regularly appear before the Court
for trial, without fail.

Sd/-

JUDGE

NS/nms

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