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Lakshmanayaka B vs State By on 3 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03RD DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.4765/2018

BETWEEN:

Lakshmanayaka B
Aged about
R/at No.1, 9th Cross
Garden Villas
Nagarabhavi Main Road
Nagarabhavi, Bengaluru – 560 072 … Petitioner

(By Sri S Sivamanithan, Advocate)

AND:

State by Chandra Layout PS

Represented by SPP
High Court of Karnataka
Bengaluru – 560 001 … Respondent

(By Sri Chetan Desai, HCGP)

This Criminal Petition is filed under section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.260/2018 of Chandra Layout Police Station, Bengaluru
City for the offences punishable under Sections 498A,
304B and 306 of IPC.
2

This criminal petition coming on for orders this day,
the Court made the following:

ORDER

This is a petition under Section 439 of Cr.P.C. In

Crime No.260/2018, the respondent police registered a

case against the petitioner for the offences punishable

under Sections 498A, 304B and 306 of IPC.

2. I have heard the petitioner’s counsel and the

learned High Court Government Pleader.

3. The father of the deceased made a complaint

to the police on 26.05.2018 with regard to suicide

committed by his daughter. The complaint shows that the

marriage of the petitioner with the deceased took place on

27.04.2016. The petitioner is working as a Lecturer on

contract basis in Bengaluru University. In the wedlock one

female child was born. There are allegations that the

petitioner used to harass the deceased by saying that she

did not know cooking and household works and there used

to take place quarrels between the husband and wife. It is
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also stated that the petitioner himself had made attempts

to commit suicide. If the complaint is read, at this stage,

nothing can be made out regarding demand for dowry.

But the police have registered a case under Section 304B

of IPC. This appears to be without any basis. Anyway, it

is for the trial Court to take a decision in this regard. But,

at this stage materials sufficient enough to connect the

petitioner with offence punishable under Section 304B of

IPC are not forthcoming. So far as offences under Section

498A and 306 of IPC are concerned, it has to be stated

that the allegations found against the petitioner requires

thorough investigation. Having regard to the fact that the

petitioner himself had made an attempt to commit suicide

it can be said at this stage that prima-facie materials with

regard to these offences are not forthcoming. Therefore,

petition can be allowed. Hence, the following:

ORDER

Petition is allowed.

4

The petitioner is ordered to be released
on bail in connection with Crime No.260/2018
registered by the respondent police subject to
his executing a bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only) and furnishing
One surety for the likesum to the satisfaction
of the trial Court. Petitioner is also subjected
to following conditions:

i. He shall not tamper with the evidence
collected by the investigating officer

ii. He shall not directly or indirectly threaten
the witnesses

iii. He shall regularly appear before the Court
for trial, without fail.

Sd/-

JUDGE
KMV/NS

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