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Judgments of Supreme Court of India and High Courts

B. Ramakrishnaiah vs State Of Karnataka on 19 July, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF JULY 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.4819/2018
C/W
CRIMINAL PETITION NO.4818/2018

IN CRL.P.No.4819/2018

BETWEEN:

1. B RAMAKRISHNAIAH
S/O. LATE BELIYAPPA
AGED ABOUT 56 YEARS

2. D.R. HARSHIT
S/O. RAMAKRISHNAIAH
AGED ABOUT 30 YEARS

BOTH ARE RESIDENT AT
DEVARAHALLI VILLAGE
MALUR HOBLI
CHANNAPATNA TALUK-571501
RAMANAGARA DISTRICT. … PETITIONERS

(BY SRI B.CHETHAN., ADV.)

AND:

STATE OF KARNATAKA
M K DODDI POLICE STATION AND
RAMANAGARA DIST – 571501
REPRESENTED BY
2

STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BANGALORE – 560 001 …RESPONDENT

(BY SRI CHETAN DESAI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONRS ON
BAIL IN CRIME NO.43/2018 OF M.K. DODDI POLICE STATION,
RAMANAGARA FOR THE OFFENCE PUNISHABLE UNDER
SECTION 498(A), 304(B) READ R/W 149 OF IPC AND
SECTIONS 3 AND 4 OF D.P. ACT.

IN CRL.P.No.4818/2018

BETWEEN:

SMT. SAROJAMMA
W/O. RAMAKRISHNAIAH
AGED ABOUT 50 YEARS
R/O: DEVARAHALLI VILLAGE
MALUR HOBLI
CHANNAPATNA TALUK-571501. … PETITIONER

(BY SRI B.CHETHAN., ADV.)

AND:

STATE OF KARNATAKA
M K DODDI POLICE STATION AND
RAMANAGARA DIST – 571501.
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-560001. …RESPONDENT

(BY SRI CHETAN DESAI, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONR ON
BAIL IN THE EVENT OF HER ARREST IN CRIME NO.43/2018
OF M.K. DODDI POLICE STATION, RAMANAGARA FOR THE
OFFENCES PUNISHABLE UNDER SECTION 498(A), 304(B)
READ WITH 149 OF IPC AND SECTIONS 3 AND 4 OF DOWRY
PROHIBITION ACT.

THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER

Criminal Petition No.4818/2018 is filed by accused

No.1 under Section 438 of Cr.P.C. Criminal Petition

No.4819/2018 is filed by accused Nos.2 and 3 under

Section 439 of Cr.P.C.

2. These two petitions relate to Cr.No.43/2018

registered by the respondent-Police for the offences

punishable under Sections 498A and 304B of IPC and

Sections 3 and 4 of Dowry Prohibition Act.

3. Heard the petitioners’ counsel and learned High

Court Government Pleader.

4

4. The complaint was lodged by one

G.B.Ravishankar with regard to suicide committed by his

niece. The compliant discloses that the complainant’s

brother’s daughter was given in marriage to petitioner No.2

in Crl.P.No.4819/2018 and their marriage took place in the

month of January, 2018. At the time of marriage, about

160 grams of gold and cash of Rs.1,90,000/- had been

given to accused No.3 by way of dowry. It is alleged that

after the marriage, there was demand for further dowry and

that there was harassment on the deceased. On

01.06.2018, the deceased committed suicide.

5. Along with the petitions, printouts of the

whatsapp chats are produced. On perusal of the chats what

can be made out is that probably, the deceased was

subjected to sexual harassment by her father-in-law. This

could be the reason for the deceased to commit the suicide.

However, it is a matter for investigation because there are

allegations with regard to the additional dowry also.
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6. Investigation is not yet completed and therefore,

the petitioners in Crl.P.No.4819/2018 are not entitled to

bail. However, the petitioner in Crl.P.No.4818/2018 is a

woman. Therefore, she can be admitted to anticipatory bail

by subjecting her to certain conditions. Hence, the

following:

ORDER

i) Crl.P.No.4819/2018 is dismissed.

ii) Crl.P.No.4818/2018 is allowed.

iii) In the event of petitioner in
Crl.P.No.4818/2018 being arrested by the
respondent/police, in connection with
Crime No.43/2018 registered by
M.K.Doddi Police Station, she shall be
released on bail, on obtaining from her a
bond for Rs.1,00,000/- (Rupees One Lakh
only) and two sureties for the likesum to
the satisfaction of the Investigating Officer.

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iv) The petitioner shall appear before the
investigation officer as and when her
appearance is required for investigation.

v) She shall not threaten the witnesses and
destroy the evidence in whatsoever
manner.

Sd/-

JUDGE

VM/SSD

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