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Nagasatya Srikanth vs State Of Karnataka on 11 December, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF DECEMBER 2019

BEFORE

THE HON’BLE MR.JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION NO.7985/2019

BETWEEN:

NAGASATYA SRIKANTH
AGED ABOUT 32 YEARS
S/O SURYA NARAYANA MURTHY
R/A BUILDING NO.35
2ND FLOOR, HOUSE NO.B2
1ST CROSS, MANJUNATH LAYOUT
MARATHAHALLI
BANGALORE-560023

PERMANENT R/A NO.11-9-4
SESHAMETTA COLONY
NEAR MAHALAKSHMI HOTEL
TRITOWN P S RAJAMANDRI
DANAVEGPET,
EAST GODAVARI DISTRICT
ANDHRA PRADESH-533101
…PETITIONER

(BY SRI: DHANANJAY KUMAR, ADVOCATE)

AND

STATE OF KARNATAKA
REP BY MARATHAHALLI POLICE STATION
BANGALORE
REP BY SPP
HIGH COURT OF KARNATAKA
2

BANGALORE-560001
..RESPONDENT

(BY SRI: HONNAPPA, HCGP)

*******

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.397/2019 REGISTERED BY MARATHAHALLI POLICE
STATION, BENGALURU FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 498-A AND 306 OF SectionIPC.

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

ORDER

Heard the learned counsel for the petitioner, the

learned HCGP for the respondent – State and perused the

records.

2. A charge sheet has been filed by the

respondent police against the petitioner in C.C.No.57/2019

for the offences punishable under Sectionsections 498A and Section306

IPC. Petitioner is none other than the husband of the

deceased and their marriage took place in the year 2016.

It is stated that after marriage, they were living happily for
3

some time and thereafter, it is stated that accused started

ill-treating her even for flimsy reasons and in the year

2019, in the month of January, though they started living

together, but he often expressed that he wanted to marry

some other girl and further he started abusing her that she

does not know to do the household work properly and she

has not begotten any child since 2016. Therefore, on these

grounds, she was frustrated in life and she committed

suicide on 24.09.2019.

3. The nature of the allegations and the facts of the

case discloses that may be due to incompatibility between

the husband and wife, differences arose between them.

The Court has to examine the sensitivity of the victim lady

as to how she was responding with the accused and

merely for flimsy reasons or for small instances, if any

quarrel took place whether that itself is sufficient to attract

the provision of Sections 498A and Section306 IPC has to be

decided by the trial Court during the course of trial.

Therefore, under the above said facts and circumstances of
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the case, when there is no allegation of any dowry demand

or any specific ill-treatment or harassment, in my view,

the petitioner at this stage is entitled to be enlarged on

bail, particularly under Sectionsection 439 of Cr.P.C. as he has

already been arrested and charge sheet has been filed.

Hence, the following:-

ORDER

The Petition is allowed. Consequently, the petitioner

shall be released on bail in connection with Crime

No.397/2019 (C.C.No.57/2019) of Marathahalli Police

Station, Bengaluru for the offences punishable under

Sectionsections 498A and Section306 IPC subject to the following

conditions:

(i) The petitioner shall execute his 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.

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(ii) The petitioner shall not indulge in tampering
with 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

*mn/-

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