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Mr. R Ashok Kumar @ R. Ashok vs State Of Karnataka Through on 3 September, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF SEPTEMBER 2019

BEFORE

THE HON’BLE MR.JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.4761/2019

BETWEEN:

MR. R ASHOK KUMAR @ R. ASHOK
S/O RAMAKRISHNAPPA C
AGED ABOUT 20 YEARS,
R/O THONDAHALLI VILLAGE,
BYKUR HOBLI, MULABAGIL TALUK
KOLAR DISTRICT-563131 …PETITIONER

(BY SRI P.N.HEGDE, ADV.)

AND:

STATE OF KARNATAKA THROUGH
K R PURAM POLICE,
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-560001 …RESPONDENT

(BY SRI ROHITH B.J., HCGP.)

THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.137/2019 OF K.R.PURAM P.S., BENGALURU CITY FOR
THE OFFNECE P/U/S 498A, 304B OF SectionIPC AND SECTION 4 OF
D.P. ACT.

THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
2

ORDER

Heard the learned counsel for the petitioner and

the learned HCGP. Perused the records.

2. The petitioner is arraigned as accused No.1

in Crime No.137/2019 for the offences punishable

under Sections 304B, Section498A read with Section 34 of IPC

and Sections 3 and Section4 of Dowry Prohibition Act.

3. The brief allegations are that the deceased is

the wife of the petitioner and their marriage took place

on 12.12.2018 at Subramaneshwara Kalyana Mantapa.

It is alleged that at the time of marriage, some gold,

silver articles as well as cash have been given as dowry

in consideration of the marriage. It is further alleged

that after the marriage, there was ill-treatment and

harassment of the deceased by the petitioner – accused

and his family members in further demand of

Rs.50,000/- for the purpose of petitioner doing some
3

business. In this context, it is alleged that because of

the ill-treatment and harassment, on 13.03.2019 in the

early hours at about 6.00 a.m., the deceased committed

suicide by hanging herself in the house of the accused.

On these allegations, the police have registered a case

and investigated the matter.

4. The records also disclose that the police have

already filed charge-sheet against the petitioner and

others and the petitioner accused has already been

arrested and he has been in judicial custody since

17.03.2019. Learned counsel also brought to the notice

of this Court that a complaint has been lodged by one

C.R. Ravishankar, Assistant Commissioner of Police to

the Sub-Inspector of Police with reference to the

admission of the petitioner to the hospital between

12.03.2019 and 13.03.2019 at about 12.30 a.m. to R.L.

Jalappa Hospital, Tamaka, Kolar, who has consumed

poison. This clearly discloses that there must be some
4

differences between the husband and wife and what

made the deceased – wife to commit suicide and what

made the husband to consume poison has to be

thrashed out during the course of full fledged trial.

During the trial, it is also to be established that there

was a ill-treatment and harassment in demand of dowry

which prompted the deceased to commit suicide.

5. Therefore, under the above said facts and

circumstances, it clearly goes to show that the

petitioner was not present at the time when the incident

happened. Under the above said facts and

circumstances, considering the nature of allegations

and as the charge-sheet has already been filed, accused

has been arrested and he is in judicial custody, the

petitioner has made a good ground for grant of bail,

particularly under Section 439 of Cr.P.C. Hence, the

following:

5

ORDER

The Petition is allowed. Consequently, the

petitioner shall be released on bail in connection with

Crime No.137/2019 of K.R. Puram Police Station,

registered against him for the offences punishable

under Sections 304B, Section498A read with Section 34 of IPC

and Sections 3 and Section4 of Dowry Prohibition Act, subject

to the following conditions:

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

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

(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
6

permission till the case registered against him
is disposed of.

Sd/-

JUDGE
PMR

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