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Mallu vs The State Of Karnataka By on 20 April, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF APRIL 2017

BEFORE

THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.1861/2017

BETWEEN:

1. MALLU
S/O. NANJAIAH,
AGED ABOUT 32 YEARS.

2. NANJAIAH,
S/O. LATE MALIGAIAH,
AGED ABOUT 65 YEARS.

BOTH ARE R/AT SATHEGALA,
HAND POST, KOLLEGALA TALUK,
CHAMARAJANAGARA,
DISTRICT-571 313.
…PETITIONERS
(BY SRI. MANJUNATH N.D., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY
KOLLEGALA RURAL POLICE STATION,
CHAMARAJANAGARA DISTRICT,
REP/BY SPP HIGH COURT,
BENGALURU-560 001.
… RESPONDENT
(BY SRI. B. VISWESWARAIAH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE
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THE PETITIONER ON BAIL IN CRIME NO.240/2016 OF
KOLLEGALA RURAL POLICE STATION, CHAMARAJANAGAR AND
C.C.NO.7/2017, FOR THE OFFENCE P/U/S 498(A),114,306 R/W
34 OF IPC ETC.,

THIS CRIMINAL PETITION IS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioners are accused Nos.1 and 3 in Crime

No.240/2016 which is presently pending before the

District and Sessions Judge, Chamarajanagar sitting at

Kollegala in C.C. No.07/2017.

2. Heard the learned counsel for the petitioners

and the learned HCGP., for the State.

3. Learned HCGP., has not filed any statement

of objections but has orally opposed for grant of bail to

the petitioners.

4. Initially FIR was registered against the

petitioners and the mother-in-law of the deceased under

Section 498(A) and 304(B) of IPC. However, after the

investigation, charge sheet is filed under Sections 498A
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and 306 of IPC. Admittedly, the incident has taken

place within seven years from the date of the marriage

between petitioner No.1 and the deceased. Even though

there were allegations of cruelty in connection with

dowry demand, the investigating agency appears to have

not collected any material in support of dowry demand.

As a result, the allegations are confined to the alleged

cruelty attracting the offence under Sections 498(A) of

IPC. The evidence suggests that the deceased

committed suicide in the matrimonial home. As the

investigation is completed, the custody of the petitioners

is not required to be extended. Therefore, taking into

consideration the nature of evidence collected by the

prosecution in proof of the charges leveled against the

petitioners, I am of the view that no prejudice would be

caused to the prosecution if the petitioners are admitted

to bail subject to stringent conditions.

5. Hence, the following order:-

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Criminal petition is allowed. The petitioners are

ordered to be enlarged on bail subject to the following

conditions:-

a. The petitioners shall furnish a bond for
Rs.1.00 lakh (Rupees One lakh only) each
with two sureties each for the like sum to
the satisfaction of the jurisdictional
Magistrate;

b. The petitioners shall appear before the
Court as and when required;

c. The petitioners shall not threaten or
allure the prosecution witnesses;

d. The petitioners shall not leave the
jurisdiction of the trial Court without prior
permission.

If any of the conditions are violated, the prosecution
is at liberty to seek for cancellation of bail.

SD/-

JUDGE

BS

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