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Prashanth vs The State Of Karnataka on 19 December, 2018

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
2

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
3

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
4

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

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