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Krishnaveni vs State By on 17 July, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF JULY, 2019

BEFORE

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

CRIMINAL PETITION No.225/2019

BETWEEN:

1. Krishnaveni,
W/o Shiva Shankar,
Aged about 24 years,
# 3544, 4th Cross,
9th Main Road, Kaveri Nagar,
Banashankari 2nd Stage,
Bangalore – 560 070.

2. Shivashankar N.,
S/o Narasimhappa,
Aged about 30 years,
# 3544, 4th Cross,
9th Main Road,
Kaveri Nagar,
Banashankari 2nd Stage,
Bangalore – 560 070. … Petitioners

(By Sri. Ranganath Reddy R., Advocate)

AND:

State by
The Station House Officer,
Banashankari Police Station,
Represented by
State Public Prosecutor,
2

High Court of Karnataka
Bangalore – 560 001. … Respondent

(By Sri K.P. Yoganna, HCGP)

This Criminal Petition is filed under Section 438 of
the Criminal Procedure Code, praying to enlarge the
petitioners on bail in the event of their arrest in Crime
No.282/2018 (C.C. No.32452/2018) of Banashankari
Police Station, Bengaluru for the offences p/u/s 498(A)
and 304(B) r/w 34 of SectionIPC and Sections 3 and Section4 of Dowry
Prohibition Act.

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

ORDER

The petitioners are seeking to be enlarged on bail

in the event of their arrest pursuant to the proceedings

in Crime No.282/2018 for the offences under Sections

498A, Section304(B), r/w 34 of SectionIPC and Section 3 and Section4 of the

Dowry Prohibition Act, 1961.

2. The case of the prosecution is that the mother

of the deceased has filed a complaint and FIR has been

registered in Crime No.282/2018 for the offences

aforestated. The case that is made out in the complaint
3

is that the deceased had married accused no.1 on

11.03.2016. It is stated that accused no.1 had made

demand for dowry. It is further stated that accused

no.1 had developed illicit relationship with one Sujatha.

In the light of the same, there were frequent altercations

with the deceased. It is stated that the deceased had

committed suicide unable to bare with the harassment

of the accused. The FIR has been registered,

investigation is complete and charge sheet has been

filed.

3. The learned counsel for petitioners states that

primary allegations are against accused no.1 who

remains in custody and as regards imputations made to

accused nos.2 and 5 and as to whether the said

accused by their acts of harassment drove the deceased

to commit suicide, is a matter to be proved during trial.

4. Taking note of the fact that investigation is

complete and the main imputations are as against
4

accused no.1, imputations against the other accused

making out an offence, is a matter to be established

during trial. Accordingly, the petitioners are entitled to

be enlarged on bail in the event of their arrest subject to

stringent conditions.

5. In the result, the bail petition filed by the

petitioners under Sec. 438 of SectionCr.P.C. is allowed and the

petitioners are enlarged on bail in the event of their

arrest in Crime No.282/2018 for the offences under

Sections 498A, Section304(B), r/w 34 of SectionIPC and Section 3 and

Section4 of the Dowry Prohibition Act, 1961 subject to the

following conditions:

(i) The petitioners shall appear in person
before the Investigating Officer in
connection with Crime No.282/20118
within 15 days from the date of release
of the order and shall execute a
personal bond for a sum of `1,00,000/-
(Rupees One Lakh only) each with a surety
5

for the likesum before the concerned
court.

(ii) The petitioners shall not tamper with
evidence, influence in any way, any
witness.

(iii) The petitioners shall co-operate with
further investigation by appearing
before the Investigating Officer as and
when he is called upon.

(iv) In the event of change of address, the
petitioners to inform the same to the
concerned SHO.

(v) Any violation of the aforementioned
conditions by the petitioners shall
result in cancellation of bail.

Any observation made herein shall not be taken as

an expression of opinion on the merits of the case.

Sd/-

JUDGE

Np/-

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