SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Raghavendra vs State By Bellandur Police Station on 14 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No. 5145 OF 2018

BETWEEN

Raghavendra
S/o. Nagaraju,
Aged about 24 years,
R/at No.44, 2nd Cross,
Gopalappa Building,
Boganahalli,
Sarjapur Road,
Bangalore-560103.

Permanent resident of
Yedduladoddi Village,
Tuggale Taluk,
Kurnool District,
Andhra Pradesh,
Pin -518468.
…Petitioner
(By Sri. C.P.Praveen, Advocate for
Sri. M.A.Harinatha Reddy, Advocate)

AND

State by Bellandur Police Station,
Represented by its S.P.P.
High Court of Karnataka,
Bengaluru-560001.
…Respondent
(By Sri. Chetan Desai, HCGP)
2

This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.105/2018 (C.C.No.14669/2018) of Bellanduru Police
Station, Bangalore City, for the offences punishable under
Sections 498A, 304B read with 34 of IPC.

This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

This is a petition under Section 439 Cr.P.C. The

petitioner is accused No.1. Upon a complaint made by one

Lakshmaiah T, initially the police registered a complaint in

Cr.No.105/2018 for the offence punishable under Section

304B read with Section 34 of IPC. Thereafter at the time

of filing the charge sheet, the offence under Section 498A

Cr.P.C. was also included.

2. The complaint shows that the marriage of the

petitioner with the complainant’s daughter Mounika took

place in February, 2017. The marriage had been arranged

in the house of the petitioner at Andhra Pradesh. In the

complaint it is stated that a few months after the marriage

the petitioner, his mother, sister and brother-in-law
3

started harassing the complainant’s daughter for dowry.

This harassment continued even after the complainant’s

daughter gave birth to a baby. It is further stated that the

petitioner and his family members came to Bengaluru and

settled there. They were residing in a house situated in a

building where the complainant’s son Ravi’s house is also

situated. The specific allegations is that on 29.03.2018 at

about 5.00 p.m. the complainant received information that

his daughter had committed suicide. After seeing the dead

body he gave a complaint.

3. The complaint shows continuous harassment on

the complainant’s daughter for sake of dowry. But after

investigation the police filed charge sheet only for the

offence under Section 498A and Section 304B IPC. The

offences under Section 3 and 4 of Dowry Prohibition Act

are not invoked. When the charge sheet is not filed for the

offence under Section 3 and 4 of Dowry Prohibition Act,

invoking Section 304B IPC does not appear to be correct.

It is for the investigation officer to clarify this before the
4

trial court. The investigation is completed. The presence

of the petitioner can be secured for the purpose of trial.

Therefore bail can be granted. Hence the following:

ORDER

(a) Petition is allowed.

(b) Petitioner shall be released on bail in connection

with Crime No. 105/2018 registered by Bellanduru Police

Station, Bengaluru on his executing a bond for a sum of

Rs.2,00,000/- (Rupees Two Lakhs only) and providing two

sureties for the likesum to the satisfaction of the trial

Court. The petitioner is also subjected to the following

conditions:

1) He shall regularly appear before the Court
during trial.

2) He shall not threaten the witnesses and
tamper with the prosecution evidence.

Sd/-

JUDGE
sd

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh