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Judgments of Supreme Court of India and High Courts

Prathip vs State Of Karnataka on 19 December, 2018

1
Crl.P No.8423/2018

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.8423/2018

BETWEEN:

Prathip, s/o late Sureshappa
Aged about 28 years
r/a Hucchamma Building
Near Anjaneyaswamy Temple
Thippenahalli Main Road
Thippenahalli, Nagasandra
Post, Bengaluru-560073. .. Petitioner
(By Sri Manjunath G, Advocate)

AND

State of Karnataka
by the Peenya Police
Station, Yeshwanthpura
Sub Division, Bengaluru-
560022, Represented by
Learned SPP High Court of
Karnataka, Bangalore-560001. .. Respondent
(By Smt.Namitha Mahesh B G, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.PC praying to enlarge the petitioner on bail in
Cr.No.352/2018 (CC No.27723/2018) of Peenya Police
2
Crl.P No.8423/2018

Station, Bangalore City for the offences punishable
under Sections 498A, 304B of IPC and Sections 3 and 4
of D.P Act.
This Criminal Petition coming on for orders this
day, the Court made the following:

ORDER

Peenya Police have charged sheeted the petitioner

in Crime No.352/2018 for the offences punishable

under Sections 498A, 304B of IPC and Sections 3 and 4

of D.P Act.

2. The marriage of the petitioner and Manuja

was solemnized on 28.5.2015. The couple have

daughter aged 2 years. Manuja committed suicide in

the house of petitioner on 8.7.2018 by hanging herself.

3. It is alleged that petitioner subjected Manuja

to physical and mental cruelty in connection with his

demand for dowry. Being unable to tolerate that, she

committed suicide.

3

Crl.P No.8423/2018

4. The inquest and PM reports do not indicate

any external injuries on the dead body of the victim.

There is delay in filing the complaint. The majority of

the witnesses who speak to the cruelty are relatives of

the deceased and the complainant. There is delay in

recording the statement of neighbours.

5. Initially complaint was lodged against the

petitioner, his mother and brother. While filing charge

sheet, the mother and brother of the petitioner were

dropped. Under these circumstances, it is a fit case to

grant bail.

The petition is allowed. Petitioner is granted bail

in Crime No.352/2018 (CC No.27723/2018) of Peenya

Police Station, Bangalore City, subject to the following

conditions:

i) Petitioner shall execute personal bond
for Rs.50,000/- and furnish one surety
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Crl.P No.8423/2018

in the likesum to the satisfaction of the
trial Court.

ii) He shall not tamper the prosecution
evidence in any manner.

iii) He shall appear before the Court
whenever required for trial.

Sd/-

JUDGE

Bkm

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