CRL.P.NO.8933/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER 2018
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.8933 OF 2018
BETWEEN:
PRASHANTH
S/O CHINNARAJU
AGED ABOUT 28 YEARS
R/AT, NO. 57, 3RD MAIN
12TH CROSS, MILK COLONY
SUBRAMANYANAGARA
BENGALURU -98. …PETITIONER
(BY SRI PRATHEEP K.C. ADV.)
AND
THE STATE OF KARNATAKA
REP. SUBRAMANYANAGARA POLICE STATION
BENGALURU URBAN DISTRICT
REP. BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE 560 001. …RESPONDENT
(BY SMT. NAMITHA MAHESH B.G., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR.NO.132/2018 (S.C.NO.1626/2018) OF
SUBRAMANYA NAGAR POLICE STATION, FOR THE
OFFENCES P/U/S 498A, 304B OF IPC AND SECTION 4 OF
D.P. ACT.
CRL.P.NO.8933/2018
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Subramanyanagar Police have charge sheeted the
petitioner in Crime No.132/2018 of their Police Station
for the offences punishable under Sections 498A and
304B of Indian Penal Code and Section 4 of Dowry
Prohibition Act.
2. The marriage of the petitioner with
Rajeshwari was solemnized on 19.10.2015. The couple
have daughter aged two years. Rajeshwari committed
suicide in the house of the petitioner on 13.06.2018 at
11.30 p.m. by hanging herself.
3. It is alleged that petitioner was addicted to
alcohol and neglecting the family and harassing the
victim to bring dowry from her parental house, therefore
she committed suicide.
CRL.P.NO.8933/2018
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4. As per prosecution death is suicidal one.
There were no external injuries on the dead body. As
per the charge sheet at the time of commission of
suicide, petitioner was not at the house. Whether the
alleged cruelty of the petitioner was to the extent of
driving the victim to commit suicide has to be decided
on trial.
5. Majority of the witnesses to speak to the
cruelty are the relatives of the victim. Therefore, the
chance of the petitioner tampering them are remote.
Under these circumstances, it is a fit case to grant bail
with suitable conditions. Therefore, petition is allowed.
Petitioner is granted bail in Crime No.132/2018 of
Subramanyanagara Police Station, subject to the
following conditions:
1) The petitioner shall execute personal
bond in a sum of Rs.50,000/- and
furnish two sureties in the like-sum to
the satisfaction of the concerned Court
for his appearance;
CRL.P.NO.8933/2018
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2) He shall appear before the Court as and
when required for the purpose of trial;
3) He shall not tamper the prosecution
witnesses in any manner.
Sd/-
JUDGE
HR
