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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.
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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.
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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 officerii. He shall not directly or indirectly threaten
the witnessesiii. He shall regularly appear before the Court
for trial, without fail.
Sd/-
JUDGE
KMV/NS