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Dinesh vs The State Of Karnataka on 8 June, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 08TH DAY OF JUNE, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION No.3448 of 2018
BETWEEN:

Dinesh
S/o Devaraju,
Aged about 28 years,
R/at Anagalale Village,
K.H.Kote Hobli,
Alur Taluk,
Hassan District – 34. …Petitioner
(By Sri. Pratheep K.C, Advocate)

AND:
The State of Karnataka,
Rep by Alur Police Station,
Hassan District
Rep by its
State Public Prosecutor,
High Court of Karnataka,
Bangalore – 560 001. …Respondent
(By Sri. S.Vishwa Murthy, HCGP)

This Criminal petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.113/2018 of Alur Police Station, Hassan District for
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the offence punishable under Sections 498A, 306, 114
read with
Section 34 of IPC.

This Criminal petition coming on for Orders, this
day, the Court made the following:

ORDER

The petitioner is the husband of deceased Shobha.

Their marriage was performed ten months earlier to the

incident. It is alleged that the deceased was subjected to

cruelty in the matrimonial home by the petitioner and

her mother-in-law and sister-in-law.

2. During the intervening nights 17/18.03.2018,

the deceased committed suicide by hanging in the

matrimonial home. Based on the report submitted by the

father of the deceased, Crime No.113/2018 was

registered against the petitioner, his mother and sister.

3. Heard the learned counsel for the petitioner

and the learned HCGP for the respondent-State.
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4. Learned HCGP has not filed any Statement of

Objections, but has orally opposed the petition.

5. The petitioner is in custody since 18.03.2018.

The material allegations levelled against the petitioner

are that on account of ill-treatment and harassment

meted out by him, the deceased committed suicide by

hanging herself in the matrimonial home. The allegations

of abetment and the involvement of the petitioner in the

said crime would be substantiated only during the trial.

As there is no apprehension of the petitioner tampering

with the evidence or fleeing away from justice, there is no

necessity to extend the custody of petitioner solely by

way of punishment. Moreover, accused Nos.2 and 3

against whom similar allegations of harassment and

cruelty are directed, are enlarged on bail by the Sessions

Court. Therefore, merely because the petitioner is the

husband of the deceased, bail cannot be denied to the

petitioner. In view of the above facts and circumstances
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of the case, the petitioner deserves to be enlarged on bail.

Hence, the following:

ORDER

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.

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.

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If any of these conditions are violated, the

prosecution is at liberty to move for cancellation of the

bail.

Sd/-

JUDGE

MBM

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