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Nagaraju G V vs The State Of Karnataka on 28 December, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF DECEMBER, 2018

BEFORE

THE HON’BLE MR. JUSTICE H. P. SANDESH

CRIMINAL PETITION NO. 9573/2018

BETWEEN:

Nagaraju G.V.
S/o Venkateshaiah,
Aged about 27 years,
R/a. Gantehosahalli,
Sompura Hobli,
Nelamangala Taluk,
Bengaluru Rural District – 562 123.
…Petitioner
(By Sri. Chandrashekar K.A., Adv.)

AND:

The State of Karnataka,
By the Police of Dobbaspet Police Station,
Nelamangala Taluk,
Bengaluru Rural District – 562123.

Represented by SPP,
High Court of Karnataka,
Bengaluru – 560 001.
….Respondent
(By Sri. Divakar Maddur, HCGP)

This criminal petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.59/2018 (C.C.No.2473/2018) of Dobbespet P.S.
Bengaluru District for the offence P/U/S 498A, 323,
504, 307 of IPC and Sections 3, 4 of D.P. Act.
2

This criminal petition coming on for Orders this
day, the Court made the following:-

ORDER

This petition is filed by the petitioner/accused No.1

under Section 439 of Cr.P.C. seeking his release on bail

for the alleged offence punishable under Sections 498A,

323, 504 and 307 of IPC read with Sections 3 and 4

Dowry Prohibition Act, registered by the respondent –

police station in Crime No.59/2018.

2. I have heard the learned counsel for the

petitioner and also learned HCGP for respondent-State.

3. The allegations in the complaint are that on

01.03.2018 at 5.00 p.m., the petitioner herein poured

the kerosene on the complainant and accused No.2 lit

the fire on her body and thereby committed the offence.

Based on the statement of the victim/complainant dated

09.03.2018, the police have registered the case in Crime

No.59/2018 for the offence punishable under Sections
3

498A, 323, 504 and 307 of IPC read with Sections 3 and

4 Dowry Prohibition Act,

4. The contention of the petitioner is that he is

innocent of the offences alleged against him and there is

inordinate delay in setting the law into the motion. The

incident has taken place on 01.03.2018 and the

complaint was given on 09.03.2018 and history was

given in the complaint is that burst of stove at the

residence on 01.03.2018 and thereafter, on 09.03.2018,

the case has been improved that petitioner poured the

kerosene on the complainant and accused No.2 lit the

fire. The other contention of the petitioner is that he is

in custody from 02.08.2018 and investigation has

already been completed and there is no need of custodial

enquiry. The relationship between the complainant and

the petitioner is husband and wife. He further contended

that the accused is ready to abide by the conditions that

may be imposed by this Court.

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5. Per contra, learned HCGP for the respondent

in his arguments contends that the petitioner has

poured the kerosene on the victim and instructed his

mother, who has been arrayed as accused No.2 to lit the

fire and she lit the fire, as a result, the complainant

sustained burnt injury to the extent of 30% to 40%. He

also contends that the wound certificate, which is

produced by the petitioner diagnosis 29% superficial to

deep thermal injury over facial involvement and the

injuries are grievous in nature and hence, the petitioner

is not entitled for the bail.

6. Having heard the learned counsel for the

petitioner and also the learned HCGP for respondent, the

point that arises for my consideration is:-

“Whether the petitioner has made out
the ground under section 439 of Cr.P.C to
grant the bail for the offence punishable
under Sections 498A, 323, 504 and 307 of IPC
read with Sections 3 and 4 Dowry Prohibition
Act?”

5

7. The main allegations in the complaint are

that the petitioner/husband has demanded an additional

dowry of Rs.5,000/-. At the time of marriage, the

complainant’s family has given Rs.50,000/- apart from

gold ornaments and the incident has taken place, when

she refused to get the dowry of Rs.5,000/-. The injured

was immediately shifted to hospital on the same day and

the statement of the injured was recorded in the hospital

on 09.03.2018, after eight days of the incident. The

complaint was not given immediately with the police and

the wound certificate, which is produced shows that she

has sustained burnt injury over the front of the neck and

other three injuries. She was admitted to the hospital on

02.03.2018 and discharged on 12.03.2018. Accused

No.2-mother of the petitioner has already been granted

bail by invoking Section 438 of Cr.P.C. The investigation

has already been completed and charge-sheet is also

filed and the fact that whether the petitioner has poured

the kerosene and his mother lit the fire has to be

ascertained during the trial.

6

8. Having considered the fact that the

investigation has already been completed and the

petitioner is in custody from 02.08.2018, I am of the

view that the accused No.1 deserves to be enlarged on

bail by imposing some conditions. The main offences

alleged against the accused is 307 of IPC and whether he

has tried to take life of the complainant can be gathered

during the trial and hence, I am of the opinion that this

Court can exercise the power under Section 439 of

Cr.P.C.

9. Accordingly, the petition is allowed.

Petitioner/accused No.1 is ordered to be released on bail

for the offence punishable under Sections 498A, 323,

504 and 307 of IPC read with Sections 3 and 4 Dowry

Prohibition Act, registered by the respondent – police

station in Crime No.59/2018, subject to the following

conditions:

a. Petitioner shall execute a personal
bond for a sum of Rs.50,000/- with
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two sureties for the likesum to the
satisfaction of the concerned Court.

b. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

c. The petitioner shall not leave the
jurisdiction without prior permission of
the concerned Court.

SD/-

JUDGE

MBM

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