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Kiran Kumar vs The State Of Karnataka By on 4 July, 2018

1

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.,
2

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.

3

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

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