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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
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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/-
