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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.482/2018
Between:
Kiran Kumar
S/o Late Dhruvakumar,
Aged about 28 years
Occ: Auto driver,
Hangarahalli Village,
Halekote Hobli,
Holenarasipura Taluk,
Hassan District – 573 211 …Petitioner
(By Sri Ravindra B Deshpande, Advocate)
And:
The State of Karnataka
By Holenarasipura Town Police Station
Hassan District – 573 211
…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.189/2017 (C.C.No.1184/2017) of Holenarasipura
Town Police Station, Hassan District for the offence
punishable under Sections 498A, 304B, 302 read with
Section 34 of IPC and Sections 3, 4 and of Dowry
Prohibition Act and etc.,
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This Criminal petition coming on for Orders, this day,
the court made the following:
ORDER
The petitioner is the husband of the deceased.
Their marriage was performed in Sub-Registrar Office,
Holenarasipura on 23.08.2015 against the wishes of the
parents. The dead body of the deceased was found in
the matrimonial home in a gunny bag on 05.06.2017.
2. The father of the deceased lodged a report
with the Holenarasipura Police alleging that the marriage
of the deceased was performed against the wishes of the
parents. Subsequently, the petitioner/husband of the
deceased started ill-treating and harassing the deceased
and began to make demand for dowry. On 05.06.2017,
at about 11 p.m., while the deceased was taking food,
the petitioner herein smothered her neck and thereafter
tried to hang her body but having failed in that attempt,
attempted to stuff the dead body in a gunny bag and
ran away from the house.
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3. In the course of investigation, the neighbours
were examined and they have stated that on the night
of the incident, the petitioner and the deceased were
found quarrelling in the house. The circumstances in
which the unnatural death has taken place within seven
years of marriage, presumption is operating against the
petitioner. Added to that the manner in which the dead
body was found in the matrimonial home and the
abscondance of the petitioner prima-facie makes out the
offence alleged against him. Therefore, this is not a fit
case to enlarge the petitioner on bail. Hence, the
petition is dismissed.
Trial court is directed to expedite the trial.
Sd/-
JUDGE
AV