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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2017
BEFORE
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.4275/2017
BETWEEN:
LOHITH @ AVINASH
S/O VIJAYKUMAR
AGED ABOUT 30 YEARS
R/AT FARM HOUSE
KANCHAGATTA EXTENSION
TIPTUR TALUK
TUMKUR DISTRICT – 572 2201.
… PETITIONER
(BY SRI CHANDRASHEKAR R.P., ADV. AND
SRI.SUNILKUMAR.S., ADV. AND
SRI.C.H.HANUMANTHARAYA ASSOCIATES, ADVS)
AND
STATE OF KARNATAKA
BY TIPTUR RURAL POLICE
(REPRESENTED BY ID STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU – 560 001.)
….. RESPONDENT
(BY SRI CHETAN DESAI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER U/S
439 CR.P.C.PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.104/2016 (S.C.NO.10018/2017) OF
TIPTUR RURAL P.S., TUMKURU DISTRICT FOR THE
OFFENCE P/U/S 498A, 304B R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING: –
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ORDER
Heard Sri. Chandrashekar R.P., learned counsel
for the petitioner and Sri Chetan Desai, learned High
Court Government Pleader for the respondent –
State.
2. The petitioner along with his sister accused
No.2 is charge sheeted by the respondent – Police in
their Crime No.104/2016 in respect of the offence
punishable under Sections 498A, 304B read with 34
of IPC.
3. The allegation is that the petitioner was married
to deceased Pallavi on 21.3.2016 as per the customs
and had received dowry in cash and kind. Two
months thereafter the accused persons started
abusing and demanding additional dowry. Even
though the parents of the deceased paid
Rs.2,00,000/-, the accused tortured her by their
atrocious behaviour. Unable to bear the torture, the
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deceased committed suicide by hanging in the
matrimonial home on 29.11.2016.
4. Perused the charge sheet papers. During the
post mortem except the hanging mark, none other
injury was found on the dead body. Investigation
having been completed and since prosecution is yet
to prove their case through circumstantial evidence
there is no impediment to allow the petition. Accused
No.2 is already on bail.
5. Accordingly, the petition is allowed. The
petitioner is granted bail in Crime No.104/2016
registered by the respondent Police, subject to the
following conditions :
1. He shall execute a personal bond for a
sum of `1,00,000/- (Rupees One Lakh
only) with one local surety for the like
sum to the satisfaction of the concerned
Court.
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2. He shall not prevail upon or threaten the
prosecution witnesses.
3. He shall attend the Court regularly on all
the hearing dates.
Sd/-
JUDGE
NG*
CT-VR
