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Judgments of Supreme Court of India and High Courts

Naveen H S vs State Of Karnataka on 5 January, 2024

Karnataka High Court

Naveen H S vs State Of Karnataka on 5 January, 2024

Author: K.Natarajan

Bench: K.Natarajan

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NC: 2024:KHC:662
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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NC: 2024:KHC:662
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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NC: 2024:KHC:662
CRL.P No. 10060 of 2023

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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NC: 2024:KHC:662
CRL.P No. 10060 of 2023

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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NC: 2024:KHC:662
CRL.P No. 10060 of 2023

(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

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