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Mr. Santhosh B C vs State Of Karnataka on 12 July, 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.7575/2020

BETWEEN:

MR. SANTHOSH B C
S/O CHALUVAIAH,
AGED ABOUT 29 YEARS,
R/AT NO. 145, BOMMENAHALLI VILLAGE,
KASABA HOBLI, ARASIKERE TALUK,
HASSAN DISTRICT-573103,
(JUDICIAL CUSTODY). … PETITIONER

(BY SRI C R GOPALASWAMY, ADVOCATE)

AND:

STATE OF KARNATAKA
THROUGH ARASIKERE RURAL POLICE STATION,
ARASIKERE,
HASSAN DISTRICT-573103,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560001. … RESPONDENT

(BY SRI.K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON’BLE COURT MAY
BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN
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CR.NO.97/2020 (S.C.NO.114/2020) OF ARASIKERE
RURAL P.S., HASSAN DISTRICT FOR THE OFFENCE
P/U/S302, 304B, 498A R/W 149 OF
IPC AND SEC.3,4
OF D.P ACT.

THIS CRIMINAL PETITION COMING ON FOR
ORDERS, THIS DAY THROUGH VIDEO CONFERENCING,
THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner/accused

No.1 under Section 439 of Cr.P.C., for granting regular

bail in Crime No.97/2020 registered by Arasikere Rural

Police for the offences punishable under Sections 302,

304B, 498A read with Section 149 of Indian Penal Code

and Sections 3 and 4 of the Dowry Prohibition Act.

2. Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

respondent-State.

3. The case of the prosecution is that on the

complaint of father of the victim, filed on 15.7.2020,

alleging that his daughter Sowmya was given in

marriage with Accused No.1/petitioner on 24.3.2017.
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At the time of marriage, complainant had given dowry

of Rs.1,50,000/- and also gold ornaments. After the

marriage, she was looked after well for sometime and

thereafter, the accused and his parents started

harassing the victim deceased physically and mentally

for more dowry. A panchayat was also held and

accused was advised. When the deceased invited the

complainant for the birthday of the child to be held on

4.7.2020, the accused started harassing the deceased

stating that her parents should get additional dowry of

Rs.50,000/-. On 3.7.2020, he received a phone call

from one Bendekere Anand that his daughter was died.

Immediately, the complainant went to the spot and

saw and on enquiry, the petitioner told he was

suffering from fever and was shifted to the hospital

where she had died but the complainant was not

satisfied with the information and he has filed a

complaint to the police and the police registered UDR

and after the investigation, the body was sent to the

examination, accordingly, report has been received
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where it was diagnosed that the deceased was died due

to the homicidal death. Therefore, on 15.7.2020,

complaint came to be lodged, accordingly petitioner

was arrested along with his parents on the same day.

He was remanded to Judicial Custody.

4. The petitioner and other accused have

approached this Court for grant of bail wherein the bail

petition of this petitioner was rejected as he had not

pressed the same in Crl.P.No.4520/2020 but the bail

petition of accused Nos.2 and 3 was allowed-in-part.

Learned counsel for the petitioner contended mainly on

the ground that the petitioner from hydrocele and

hernia. In spite of his treatment and surgery, the

same was not cured. Therefore, he may require one

more surgery in good hospital till his swelling gets

cured and able to walk and sit. Therefore, on the

medical grounds, the counsel for the petitioner prays

for grant of bail.

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5. Per contra, learned HCGP serious objected

the grant of bail by contending if the petitioner is

enlarged on bail, he may tamper the prosecution

witness and abscond from the case.

6. Upon hearing the arguments of learned

counsel for the petitioner and the learned HCGP and on

perusal of the records, especially the medical records,

it goes to show that the petitioner was suffering from

hydrocele and hernia as per the report dated

16.1.2020. Again when he was in the jail, he was

taken to the hospital and detained. He was also taken

to the hospital on 21.1.2020 for treatment. The entire

medical records reveal that he is continuously suffering

from hydrocele and hernia. Though there is no case for

the petitioner on merits, in view of the medical records

and treatment, I am of the view that by imposing

certain conditions, if the petitioner/accused No.1 is

granted interim bail for three months, it would meet

the ends of justice. Hence, I pass the following:
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ORDER

The criminal petition is allowed.

The petitioner is entitled for interim bail on

medical grounds for three months from the date of

release of copy of this order.

The committal court/trial Court is directed to

release the petitioner/accused No.1 on interim bail in

Crime No.97/2020 registered by Arasikere Rural Police

for the offences punishable under Sections 302, 304B,

498A read with Section 149 of Indian Penal Code and

Sections 3 and 4 of the Dowry Prohibition Act, subject

to the following conditions:-

i) Petitioner shall execute personal bond in a
sum of Rs.2,00,000/- (Rupees Two Lakhs
only) with a surety for likesum to the
satisfaction of the committal court/trial
Court;

ii) Petitioner shall not tamper with the
prosecution witnesses directly or indirectly;

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iii) Petitioner shall not indulge himself in similar
offences strictly;

iv) Petitioner shall not leave the jurisdiction of
this Court without prior permission of the
committal court/trial court; and

v) Petitioner shall surrender after the medical
treatment within three months from the
date of receipt of copy of this order.

If any of the conditions are violated, the

prosecution is at liberty to file an application for

cancellation of bail.

Sd/-

JUDGE

cbc

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