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Mahesh Savalgi vs State By Peenya P.S., on 14 October, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF OCTOBER 2019

BEFORE

THE HON’BLE MR.JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.5588 OF 2019

BETWEEN:

Mahesh Savalgi
S/o. Subhas Savalgi,
Aged about 29 years,
R/at No.299, 14th Main,
Kere Road, Ward No.47,
Nelagadarahalli, Nagasandra Post,
Bengaluru-560073.
…Petitioner
(By Sri. M.Shasidhara, Advocate)

AND:

State By
Peenya P.S,
Represented by SPP,
High Court of Karnataka,
At Bengaluru-560001.
…Respondent
(By Sri. Rohith B.J., HCGP)

This Criminal Petition is filed under Section 439
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.623/2018 of Peenya Police Station, Bengaluru City for
the offence punishable under Section 498A, Section304B read with
34 of SectionIPC, Sections 3 and Section4 of Dowry Prohibition Act.

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

Heard the learned counsel for the petitioner and

the learned HCGP for the respondent-state. Perused the

records.

2. The Petitioner is arraigned as A-1 in Crime

No.623/2018 of Peenya Police Station, Bengaluru. A

charge sheet has been laid against the petitioner and

others for the offence under Sectionsections 498A, Section304B read

with Sectionsection 34 IPC and also Sectionsections 3 and Section4 of the

Dowry Prohibition Act.

3. There is no dispute that the deceased was

given in marriage to accused No.1 and, accused No.1

and the deceased were residing together in

Nelagadaranahalli, Gangamma Building. It is alleged

that petitioner was harassing the deceased for payment

of Rs.15,00,000/- further dowry. Even in spite of

covering panchayath, accused No.1 did not desist

himself from demanding such amount. In this
-3-

background being dejected in life, on 10.12.2018, the

deceased committed suicide in her house by hanging

herself to the ceiling fan. Moreover, perusal of the

statement of the witnesses shows that there are

allegations against the accused that he was ill-treating

the deceased by demanding Rs.15,00,000/-. But,

during the course of evidence, it has to be proved

beyond reasonable doubt that before the death there

was demand for dowry and cruelty meted to her by

accused No.1 and others. Though the death occurred

within a short time after the marriage, but except

stating that there was mental and physical cruelty on

her, the nature of inflictment of such cruelty has to be

explained during the trial. In the above said facts and

circumstances, the offence is not punishable either with

death or imprisonment for life and during the course of

investigation it has to be examined the sensitivity of the

deceased and how the husband and wife were behaving

against each other during the conjecture. Under the
-4-

aforesaid facts and circumstances, petitioner is entitled

to be enlarged on bail on stringent conditions. Hence,

the following :-

ORDER

The Petition is allowed. Consequently, the

petitioner shall be released on bail in connection with

Crime No. 623/2018 of Peenya Police Station,

registered for the offence punishable under Sectionsections

498A, Section304B read with Sectionsection 34 IPC and also Sectionsections

3 and Section4 of the Dowry Prohibition Act subject to the

following conditions:

(i) The petitioner shall execute his
personal bond for a sum of Rs.1,00,000/-
(One Lakh only) with two sureties for the
like-sum to the satisfaction of the
jurisdictional court.

(ii) The petitioner shall not indulge in
tampering the prosecution witnesses.

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(iii) The petitioner shall appear before the
jurisdictional court on all the future hearing
dates unless exempted by the court for any
genuine cause.

(iv) The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the court till the case registered
against him is disposed of.

Sd/-

JUDGE

ckl

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