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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)
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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
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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
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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
