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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
