Karnataka High Court
Naveen H S vs State Of Karnataka on 5 January, 2024
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No. 10060 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON’BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 10060 OF 2023
BETWEEN:
NAVEEN H S
S/O SANNIRAPPA,
AGED ABOUT 22 YEARS,
RESIDING AT NO. 12/29
6TH CROSS, GUTTE BASAVESHWARANAGARA,
RAGHAVENDRA BADAVANE,
CHIKKABANAVARA,
BANGALORE-560090.
…PETITIONER
(BY SRI LAKSHMIKANTH K., ADVOCATE)
AND:
STATE OF KARNATAKA
SOLADEVAANAHALLY POLICE STATION,
Digitally signed
by V KRISHNA BANGALORE RURAL DISTRICT,BANGALORE,
Location: High BY ITS STATE PUBLIC PROSECUTOR,
Court of HIGH COURT BUILDING,
Karnataka
BANGALORE-01.
…RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
***
CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN S.C.NO.167/2022 (CR.NO.54/2022)
OF SOLADEVANAHALLI P.S., BENGALURU CITY FOR THE
OFFENCE P/U/S 498A,304B OF IPC AND SEC.4 OF D.P ACT ON
THE FILE OF THE 8TH ADDL.DISTRICT AND SESSIONS JUDGE,
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CRL.P No. 10060 of 2023
BENGALURU RURAL DISTRICT AT BENGALURU.THE IX ADDL.
DISTRICT AND SESSIONS JUDGE, C/C VIII ADDL. DISTRICT
AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT,
BENGALURU HAS REJECTED THE BAIL PETITION ON
26.08.2023 IN CRL.MISC.NO.1692/2023, ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This is a successive petition filed by the petitioner –
accused under Section 439 of Cr.P.C. praying to enlarge him on
bail in SC No.167/2022 pending on the file of 8th Addl. District
and Sessions Judge, Bangalore Rural District, Bangalore arising
out of Cr. No.54/2022 of Soladevanahalli Police Station for the
offences punishable under Sections 498A, 304B and Section 4
of the Dowry Prohibition Act.
2. Heard the learned counsel appearing for the
petitioner and the learned HCGP appearing for the respondent
– State.
3. The case of the prosecution is that the mother of
the deceased filed a complaint on 31.03.2022 alleging that her
daughter deceased Chandrakala married with the petitioner on
11.08.2021 at Goravanahalli Temple and their marriage was
also got registered on 12.08.2021. It is alleged that after their
marriage both resided in a rented house in Gutte
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Basavshwaranagara, Chikkabanavara and petitioner started
harassing the deceased physically and mentally demanding
money and also suspecting her character due to which she
committed suicide on 31.03.2022 at that time she was three
months pregnant. The petitioner was arrested on 31.03.2022
and remanded to the judicial custody. The earlier bail petitions
filed by the petitioner before this Court, came to be rejected.
Hence, again he is approaching this Court by way of the
present petition seeking bail.
4. Having heard the arguments of the learned counsel
for petitioner and learned HCGP and on perusal of the entire
material on record, of course, the presumption available to the
prosecution under Section 113B of the Indian Evidence Act and
the deceased was died unnatural death and within seven
months from the marriage, it is presumed as dowry death.
However, the allegation that the petitioner suspected the
character and abused her physically and mentally, due to which
she committed suicide. The petitioner is in custody for more
than one year 10 months. The investigation is completed long
back and the trial has not yet began as the trial Court is said to
be kept vacant due to non availability of the Judges.
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5. Considering the same, I am of the view that
keeping the petitioner in custody will not survive any purpose,
except the apprehension of the prosecution that the petitioner
may tamper the prosecution witness and that can be safe
guarded by imposing stringent conditions. Accordingly, the
following order:
ORDER
(i) The petition is allowed.;
(ii) The trial Court is directed to release the
petitioner/accused on bail in Cr. No.54/2022 of
Soladevanahalli Police Station pending in SC
No.167/2022 on the file of 8th Addl. District
and Sessions Judge, Bangalore Rural District,
Bangalore, subject to the following conditions:-
(a) Petitioner shall execute personal bond in a
sum of Rs.2,00,000/- (Rupees Two Lakhs
only) with two sureties for likesum to the
satisfaction of the trial Court;
(b) Petitioner shall not tamper with the
prosecution witnesses directly or indirectly;
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(c) Petitioner shall not indulge himself in similar
offences strictly;
(d) Petitioner shall take the trial without causing
any delay; and
(e) Petitioner shall not leave the jurisdiction of
this Court without prior permission.
If any of the conditions are violated, the prosecution is at
liberty to file an application for cancellation of bail.
Sd/-
JUDGE
VK
List No.: 1 Sl No.: 15