IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2018
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.3049/2018
S/o Late Krishna Murthy,
Aged about 32 years,
No.36, Old No.56, 4th Cross,
B Main, Muneshwara Block,
P.G.Halli, Bengaluru-560 012. …Petitioner
(By Sri Abhishek .K, Advocate)
State of Karnataka,
By Vyalikaval Police
State Public Prosecutor,
High Court of Karanatka,
Bengaluru – 560 001 ….Respondent
(By Sri K. Nageshwarappa, HCGP)
This Criminal petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in
Crime No.204/2017 (S.C.No.189/2018) of Vyalikaval Police
Station, Bengaluru for the offence punishable under
Sections 498A, 304B of IPC and etc.,
This Criminal petition coming on for Orders, this day,
the court made the following:
This petition is filed under Section 439 of
Cr.P.C., seeking regular bail in Crime No.204/2017
2. Investigation is completed and charge-sheet is
laid under Sections 498A and 304B of IPC and Sections 3
and 4 of Dowry Prohibition Act.
3. Heard the learned counsel for the petitioner
and the learned High Court Government Pleader.
4. The learned HCGP has not filed any statement
of objection, but has orally opposed the petition.
5. Petitioner and the deceased got married on
21.03.2011 and they had two children. According to the
prosecution, at the time of marriage, substantial dowry
was paid to the deceased. Even thereafter, the petitioner
herein raised a demand for additional dowry. On that
account, the deceased was subjected to cruelty and
harassment in the matrimonial home. Being unable to bear
the cruelty, on 24.11.2017, the deceased committed
6. Since the investigation is completed and the
material witnesses relied on by the prosecution is proof of
the above allegations are the immediate relatives of the
petitioner, the possibility of the petitioner threatening or
alluring these witnesses is remote. The allegations made
against the petitioner require to be established during trial.
Hence, the petition deserves to be allowed.
7. 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
d) Petitioner shall not get involved in similar
e) Petitioner shall not leave the jurisdiction of
the Trial Court without prior permission of
the Trial Court.