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Judgments of Supreme Court of India and High Courts

Mr T M Venkataramana vs State Of Karnataka on 8 March, 2017

                            -1-



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            Dated this the 8th day of March, 2017

                          BEFORE

    THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR

                Criminal Petition No.707/2017

BETWEEN :

Mr.T.M.VENKATARAMANA
S/O LATE MUNISWAMY
AGED ABOUT 42 YEARS
OCC: TEACHER IN PRIVATE SCHOOL
R/A. TINNALI VILLAGE
SRINIVASAPURA TALUK
KOLAR DISTRICT - 563 101                        ... PETITIONER

        (By Shri. VEERANNA G. TIGADI, Adv., FOR
        Shri. SIDDHARTH B. MUCHANDI, Adv.,)

AND :

STATE OF KARNATAKA
BY THE POLICE OF SRINIVASAPURA
POLICE STATION, SRINIVASAPURA
KOLAR DISTRICT - 563 101
REP. BY SPP, HIGH COURT OF KARNATAKA
BANGALORE - 1                        ... RESPONDENT

            (By Shri. K.NAGESHWARAPPA, HCGP)

     THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETR. ON BAIL IN S.C.NO.153/2016 PENDING
ON THE FILE OF I ADDL. S.J., KOLAR AND CR. NO.137/2016
OF SRINIVASAPURA POLICE STATION, KOLAR, FOR THE
OFFENCES P/U/Ss.302, 498(A) OF IPC AND SECs.3 AND 4 OF
D.P.ACT. THE I ADDL. S.J., KOLAR HAS REJECTED THE
BAIL APPLICATION ON 9.1.2017 IN S.C.NO.153/2016.
                                -2-



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

                             ORDER

This petition under Section 439 Cr.P.C. is filed

seeking enlargement of petitioner on bail in Crime

No.137/2016, registered in Srinivasapura Police Station

for offences punishable under Sections 302, 498A IPC and

Sections 3 4 of Dowry Prohibition Act, 1961.

2. Petitioner is the husband and deceased is the

wife. Case of the prosecution is that the petitioner

assaulted the victim and pushed her and as a result,

victim’s head rammed against the wall causing subdural

hemorrhage resulting in her death.

3. Learned Counsel for the petitioner submits that

the petitioner is a Teacher and the deceased – wife was

also a Teacher. The petitioner has a child, aged 2½ years

to take care. They were married for about 9 years. He

submits that even if the allegations in the charge sheet are

taken on the face value, the incident may have occurred

due to sudden provocation. Considering the fact that the
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petitioner is a Teacher and has a child, aged 2½ years,

learned Counsel for the petitioner prays that the petitioner

may be enlarged on bail on any conditions and the

petitioner undertakes to abide by them. Accordingly, he

prays for allowing this petition.

4. Learned HCGP opposes the petition on the

ground that the death has occurred due to assault by the

petitioner.

5. I have carefully considered the submissions of

the learned Counsel for the petitioner, learned HCGP

perused the material papers.

6. A reading of the complaint shows that the

petitioner and his wife were living happily for some years

and thereafter differences arose between them. Though

the final opinion regarding cause of death kept pending for

want of FSL report, the description of injury and the

internal injury shows that the cause may be due to

subdural hemorrhage. Police have completed the

investigation and already filed the charge sheet.
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7. Petitioner is a Teacher and he has a child, aged

2½ years. In the circumstances, in my view, this petition

merits consideration and deserves to be allowed on

stringent conditions. Accordingly, it is directed that:

(i) Petitioner shall be released on bail in
Crime No.137/2016 registered in
Srinivasapura Police Station, upon his
executing a self bond for a sum of Rs.
1,00,000/- with two sureties for the like
sum to the satisfaction of the
jurisdictional Court;

(ii) Petitioner shall co-operate with the
Investigating Officer during the further
course of investigation, if any and appear
before him as and when called upon;

(iii) Petitioner shall not directly or indirectly
make any inducement, threat or promise
to prosecution witness or any person
acquainted with the facts of the case, so
as to dissuade him from disclosing such
facts to the Court or investigating officer;

iv) Petitioner shall not involve himself in any
criminal activities; and
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(v) If the petitioner violates any one of the
conditions, the prosecution shall be at
liberty to seek cancellation of bail.

Petition allowed.

Sd/-

JUDGE

cp*

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