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D M Ravi Kumar vs The State Of Karnataka By on 5 January, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF JANUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.9556/2017
BETWEEN:

D M RAVI KUMAR
S/O MUNIYAPPA
AGED ABOUT 40 YEARS
R/AT K HOSURU VILLAGE,
SHIDLAGHATTA VILLAGE
SHIDLAGHATTA TALUK,
CHIKKABALLAPUR DISTRICT
PIN: 562101.
… PETITIONER
(BY SRI.PRABHUGOUD B.TUMBIGI, ADV. FOR
SRI SHANKAR T N., ADV.)

AND

THE STATE OF KARNATAKA BY
SHIDLAGHATTA RURAL POLICE STATION
CHIKKABALLAPURA-562101
REPRESETNED BY
STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU 560001.
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
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BAIL IN THE EVENT OF HIS ARREST IN CRIME
NO.290/2017 OF SHIDLAGATTA RURAL POLICE STATION,
CHICKABALLAPURA DISTRICT FOR THE OFFENCE P/U/S
498-A,306 R/W 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner/accused

No.1 under Section 438 of Cr.P.C. seeking anticipatory

bail, to direct the respondent-police to release the

petitioner on bail in the event of his arrest for the

offences punishable under Sections 498A, 306 read with

34 of IPC registered in respondent police station Crime

No.290/2017.

2. Heard the arguments of the learned counsel

appearing for the petitioner/accused and also the

learned High Court Government Pleader appearing for

the respondent-State.

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3. Learned counsel for the petitioner during the

course of his arguments has submitted that the

prosecution materials will not attract the alleged offence

of abetment to commit suicide by the deceased. He also

submitted that marriage of the deceased with petitioner

was performed about 11 years back and the couple are

having two issues. Even looking to the allegations in

the complaint, there is no prima-facie case made out by

the prosecution. It is also submitted that the deceased

was suffering from mental illness and further submitted

that petitioner was not present when the alleged

incident has taken place. Hence, submitted that by

imposing reasonable conditions, petitioner may be

admitted to anticipatory bail.

4. Per contra, learned High Court Government

Pleader, during the course of his arguments has

submitted that looking to the prosecution material and
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the allegations in the complaint by the brother of the

deceased there is a prima-facie material against the

petitioner. The matter is still under investigation.

Hence, at this stage, petitioner, being the husband of

the deceased, is not entitled for grant of anticipatory

bail.

5. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record, so also, the order passed by the learned

Sessions Judge rejecting the bail application of the

petitioner herein.

6. Looking to the allegations made in the

complaint, it is stated by the brother of the deceased

that the deceased used to tell before him about the ill-

treatment given by her mother-in-law and other

members of the family and in that connection they

advised the accused persons to treat the deceased
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properly. The further allegations in the complaint show

that one Anjinamma, the neighbour, informed the

complainant about the commission of suicide by the

deceased. The incident has taken place in the house of

petitioner/accused No.1 and it is the petitioner/

husband of the deceased who has to explain the

circumstances under which the incident has taken

place. The matter is still under investigation, therefore,

at this stage, it is not a fit case to exercise discretion in

favour of the petitioner and to grant him anticipatory

bail. Accordingly, petition is hereby rejected.

Sd/-

JUDGE

BSR

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