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Mr Yogesh M R vs The State Of Karnataka on 3 March, 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF MARCH 2020

BEFORE

THE HON’BLE MR.JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.8509/2019

BETWEEN:

Mr. YOGESH M.R.,
S/O LATE RAJAPPA
AGED ABOUT 23 YEARS
OCCUPATION: AGRICULTURIST
TRACTOR DRIVER
R/AT MANAMATTI VILLAGE
URBANI HOBLI, CHANNAGIRI
DAVANAGERE – 577213 …PETITIONER

(BY SRI. MANJU BYRAL R, ADV., FOR
SRI. YOGESH L.J. ADV., )

AND:

THE STATE OF KARNATAKA
BY CHANNAGIRI POLICE STATION
CHANNAGIRI
REP BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE – 560001 …RESPONDENT

(BY SRI MAHESH SHETTY, HCGP.)

THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.61/2019 REGISTERED BY CHANNAGIRI POLICE
STATION, DAVANAGERE FOR THE OFFENCE P/U/S 304(B),
498A AND 306 R/W 34 OF IPC.

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 High Court Government Pleader for the

State. Perused the records.

2. The respondent police have already filed

charge-sheet against the petitioner and other accused

persons for the offences punishable under Sections

304(B), 306, 498(A) read with Section 34 of IPC. The

charge-sheet papers discloses that accused No.1 and

deceased were known to each other since long and it is

alleged that accused No.1 has eloped the deceased due

to his love affair and married her on 05.12.2018 before

the Sub-Registrar Office at Hanagal. Thereafter, they

started living together along with accused Nos.2 and 4.

Accused No.3 was also married and living at Thogarsi in

Shivamogga District, used to visit the house of accused

No.1 every week. Accused Nos.1, 2 and 4 have taken

care of the deceased with all love and affection for some
3

time and thereafter they suspected the fidelity of the

deceased and started abusing and ill-treating her. In

this context, it is alleged that the deceased committed

suicide in the house of the accused on 27.02.2019.

3. There is no allegation in the charge-sheet

that there was any demand of dowry soon before the

death of the deceased. In order to establish the offence

under Section 498-A and 306 of IPC, the Court has to

consider the entire element in the family of the accused

which caused the death of the deceased and other

circumstances. Admittedly, it is a love marriage

between accused No.1 and deceased. The main

allegation appears to be on accused Nos.2, 3 and 4,

because they were not willing for the marriage between

accused No.1 and deceased.

4. In the above said facts and circumstances,

as accused No.1 has already been arrested immediately

after the incident in the month of February, 2019 and
4

he has been in judicial custody since February, 2019

more than one year has already been lapsed and further

trial may take sufficient time, no further custodial

investigation is necessary. There are no other previous

antecedents shown against the petitioner and he is not

said to be an anti-social element. When he is ready to

abide by the conditions, it is a fit case where the Court

can exercise the discretionary power for the purpose of

granting bail. Hence, the following

ORDER

The Petition is allowed. Consequently, the

petitioner shall be released on bail in connection with

S.C.No.195/2019 on the file of Principal Civil Judge and

JMFC, Channagiri (arising out of Crime No.61/2019 of

Channagiri Police Station) registered for the offences

punishable under Sections 304(B), 306, 498(A) read

with Section 34 of IPC, subject to the following

conditions:

5

(i) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/-(Rupees 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.

(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
PMR

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