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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JULY, 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.4172/2018
BETWEEN:
Chethan @ Chennegowda
No.72, 2nd Floor,
2nd Cross, Adithya Layout,
Reshmenagara,
Thalagattapura,
Bengaluru – 560 058.
Also at:
Chennegowda,
Guddada Koppalu,
Bannuru Hobli,
T.Narasipura Taluk,
Mysuru – 571 101.
…Petitioner
(By Sri.Ashwath C.M, Advocate)
AND:
State by Thalagattapura Police Station,
Bengaluru.
…Respondent
(By Sri.K.Nageshwarappa, HCGP)
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This Criminal petition is filed under Section 439
of Cr.P.C praying to enlarge the petitioner on bail in
Crime No.143/2018 of Thalaghattapura Police Station,
Bengaluru for the offence punishable under Sections 3
and 4 of Dowry Prohibition Act and Sections 498A and
304B of IPC.
This Criminal petition coming on for Orders, this
day, the court made the following:
ORDER
This petition is filed under Section 439 of Cr.P.C
seeking regular bail in Crime No.143/2018.
2. Investigation is completed and chargesheet
is laid against the petitioner under Sections 3 and 4 of
Dowry Prohibition Act and Sections 498A and 304B of
IPC.
3. Heard the learned counsel for petitioner and
learned High Court Government Pleader.
4. Learned High Court Government Pleader has
not filed any statement of objections but has orally
opposed the petition.
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5. The marriage between the petitioner and
deceased was performed on 29.05.2017. The
deceased committed suicide by hanging in the
bathroom of her matrimonial house on 17.04.2018.
The father of the deceased lodged a report before the
police alleging cruelty and dowry demand by the
petitioner herein as the immediate provocation to
resort to suicide. The post-mortem report indicates
that the deceased did not suffer any external injuries
over her body and an oblique ligature mark was found
around her neck. Based on this finding, it is certified
that the deceased died as a result of hanging. Though
there are allegations of dowry demand and cruelty,
the same requires to be substantiated during trial.
Material witnesses relied on by the prosecution are the
immediate relatives of the deceased. Therefore, there
cannot be any apprehension of the petitioner
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tampering with the evidence or prevailing upon those
witnesses.
6. Therefore, taking into consideration all the
above facts and circumstances, in my view, the
custody of the petitioner is not required to be
extended by way of punishment. His presence can be
secured for the purpose of trial by imposing necessary
conditions. Hence, the following:-
ORDER
7. 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 two sureties for the likesum to the
satisfaction of the jurisdictional court.
b) Petitioner shall appear before the court
as and when required.
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c) Petitioner shall not threaten or allure
the prosecution witnesses in
whatsoever manner.
d) Petitioner shall not get involved in
similar offences.
e) Petitioner shall not leave the
jurisdiction of the Trial Court without
prior permission of the Trial Court.
If any of these conditions are violated, the
prosecution is at liberty to move for cancellation of the
bail.
SD/-
JUDGE
dn/-
