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Judgments of Supreme Court of India and High Courts

G.V. Subramanyam vs State Of Karnataka on 5 August, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF AUGUST, 2019

BEFORE

THE HON’BLE MR.JUSTICE K.N. PHANEENDRA

CRIMINAL PETITION NO.4801/2019

BETWEEN:

G.V.SUBRAMANYAM
@ GADHIREDDY VENKATA
SUBRAMANYAM,
S/O RAMA KRISHNA MOHAN,
AGED ABOUT 37 YEARS,
R/A NO.G6, SPARROW WINGS
APARTMENT, INDIRA GANDHI
5TH MAIN, UDAYA NAGAR
II STAGE, A.NARAYANAPURA,
BANGALORE – 560 016. …PETITIONER

(BY SRI.HASHMATH PASHA, SR. ADVOCATE A/W
SRI.KALEEM SABIR, ADVOCATE)

AND:

STATE OF KARNATAKA,
BY MAHADEVAPURA POLICE STATION,
BANGALORE – 560 048.

(REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE – 560 001). …RESPONDENT

(BY SRI.K.P.YOGANNA, 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 CR.NO.173/2019 OF MAHADEVAPURA P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S 498A, 304B
R/W 34 OF SectionIPC AND SECTIONS 3 AND 4 OF D.P. ACT.

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

ORDER

Heard the learned counsel for the petitioner. Perused

the records and the entire charge sheet papers furnished

for perusal of this Court by the learned counsel for the

petitioner.

2. On careful perusal of the entire charge sheet

papers, the allegations against the petitioner and other

accused are that this petitioner had married one Smt.

Raavi Jaya Madhavi(deceased) daughter of C.Ws.1 and 2.

It is alleged that their marriage took place on 3.3.2019 in

Andhra Pradesh. After marriage they were living together.

It is alleged that after some time of the marriage, accused
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Nos.1 to 3 started demanding further dowry amount and

particularly some gold and silver articles etc. Therefore,

they started ill-treating and harassing the deceased

demanding further dowry though they have taken an

amount of Rs.1,50,000/- at the time of marriage. It is

stated that being frustrated in life due to ill-treatment and

harassment meted out by the petitioner and other accused

persons, the said lady committed suicide in the

matrimonial home between 13/14th April 2019 at about

12.45 in the night by hanging herself in the bedroom

ceiling fan when particularly the petitioner and other

accused persons were sitting in the hall portion of the

house watching television.

3. Learned counsel for the petitioner has also

brought to the notice of this Court that all was not well

between husband and wife. Apart from the said false

allegations made against the petitioner, there was some

reason for the differences between A-1 i.e. the petitioner
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herein and the deceased. Learned counsel has drawn my

attention to the FIR lodged by the mother of the deceased

against one Shekhar on 12.10.2018, wherein it is alleged

that the accused in the said case by name P. Shekar who

was running a Cell phone shop was coming to her house in

the absence of her husband and showing some vulgar

photos of her daughter i.e. pertaining to the deceased

Ravvi Jayamadhavi and used to threaten her that those

pictures will be shown to the petitioner herein and if they

do not pay him money he will circulate the pictures across

all social media platforms. In fact what are all those

pictures and why that person was exploiting the said lady

is not forthcoming. However, the above said factual matrix

discloses that something was there between the said P.

Shekar, mother of the deceased as well as the deceased.

Therefore, under the said circumstances what exactly was

the reason for committing the suicide is not forthcoming

and whether it was due to demand of dowry or due to any
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other reasons has to be thrashed out during the course of

full dressed trial.

4. As could be seen from the records, the charge

sheet has already been filed. The other accused persons

have already been released on bail and this petitioner was

arrested on 14.4.2019 and since then he has been in

judicial custody and the trial may also take sufficient time.

Particularly on the basis of the above said facts and the

nature of the allegations made and the materials collected,

in my opinion, the petitioner is entitled to be enlarged on

bail as the said offences are not punishable either with

death or imprisonment for life.

5. Hence, the following:-

ORDER

The Petition is allowed. Consequently, the petitioner
shall be released on bail in connection with Crime No.
173/2019 of Mahadevapura Police Station, Bengaluru City
registered against him for the offences punishable under
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Sections.498A, 304B read with Section 34 of IPC and
Sections 3 and 4 of D.P. Act, subject to the following
conditions:

(i) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/-(Rupees One
Lakh only) with one surety for the like-sum to
the satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering
the prosecution witnesses.

(iii) The petitioner shall appear before the
jurisdictional Court on all future hearing dates
unless exempted by the Court for any genuine
cause.

(iv) The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the Court till the case registered
against him is disposed of.

Sd/-

JUDGE
*alb/-.

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