CRL.P.NO.7672/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY 2019
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.7672 OF 2018
BETWEEN:
KARTHI S.
S/O SANJEEVI
AGED ABOUT 34 YEARS
R/O 1024/13, 2ND FLOOR
10TH MAIN, PRAKASHNAGARA
BANGALORE – 560 010 …PETITIONER
(BY SRI V.LAKSHMIKANTHA RAO, ADV.)
AND
STATE BY RAJAJINAGAR P.S.
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE – 560 001 …RESPONDENT
(BY SMT. NAMITHA MAHESH B.G., HCGP)
******
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.135/2018 OF RAJAJINAGAR P.S., BANGALORE FOR THE
OFFENCE P/U/S 498A, 304B R/W 34 OF IPC AND SEC.3, 4 OF
D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
CRL.P.NO.7672/2018
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ORDER
Rajajinagar Police have charge sheeted the petitioner
in Crime No.135/2018 of their Police Station for the
offences punishable under Sections 498A and 304B of IPC
and Sections 3 4 of Dowry Prohibition Act.
2. Marriage of the petitioner and deceased Mamatha
was solemnized on 27.8.2015. She committed suicide in
the house of the petitioner on 17.6.2018 by hanging
herself. Father of the deceased filed complaint against
petitioner, his sister and brother-in-law alleging that all of
them subjected the victim to physical and mental cruelty
in connection with their unlawful demand. While filing
the charge sheet, accused Nos.2 and 3 were dropped.
3. The allegation against the petitioner is that he
subjected the deceased to physical and mental cruelty in
connection with his unlawful demand and suspecting her
fidelity. There was no previous complaint of dowry
harassment. There were no external injuries on the dead
body of the deceased Mamatha.
CRL.P.NO.7672/2018
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4. Whether the alleged cruelty of the petitioner to the
deceased could drive a person of ordinary prudence to
commit suicide is a matter to be decided on trial.
Petitioner is in judicial custody since six months. Under
these circumstances, it is a fit case to grant bail with
suitable conditions. Therefore, the petition is allowed.
Petitioner is granted bail in Crime No.135/2018 of
Rajajinagar Police Station, Bengaluru City, subject to the
following conditions:
1) The petitioner shall execute personal bond
in a sum of Rs.50,000/- and furnish two
sureties in the like-sum to the satisfaction
of the concerned Court for his
appearance;
2) He shall appear before the Court as and
when required for the purpose of trial;
3) He shall not tamper the prosecution
witnesses in any manner.
Sd/-
JUDGE
KNM/-
