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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION No.6573 OF 2017
BETWEEN:
Rajesh Kumar
Aged about 30 years,
S/o Mahendra Prasad
R/at No.162, Muniyappa’s House
Tunga Bar Road
Byatarayanapura
Mysore Road
Bengaluru- 560 026
…PETITIONER
(By Sri.Dilraj Jude Rohit Sequeira, Advocate)
AND
The State
By Byatarayanapura Police Station
Bengaluru
Represented by
The State Public Prosecutor
High Court of Karnataka
Bengaluru – 560 001
…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
Cr.No.498/2016 of Byatarayanapura Police Station,
Bengaluru, for the offences p/u/s 498A, 306, 201 r/w 34
of IPC.
This criminal petition coming on for Orders this day,
the court made the following:
ORDER
Heard the learned counsel for the petitioner and
learned High Court Government Pleader for the respondent.
2. The petitioner along with two co-accused is
charge sheeted by the respondent-police for the offences
punishable under Sections 498-A, 306, 201 read with
Section 34 of IPC.
3. The allegation is the petitioner harassed his wife
deceased Sangeetha Devi, due to which she attempted to
commit suicide on the night of 08.11.2016 by setting
herself ablaze after drowsing with kerosene. She was
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admitted to the hospital with 16% burn injuries; she was
discharged on 11.11.2016. She died in her house on
13.11.2016. The accused are the persons being the
husband, brother-in-law and the doctor who gave death
certificate that it is a natural death. Accused have cremated
the dead body in the electric crematorium. The brother of
the deceased lodged complaint on 22.11.2016. There is
enough of evidence from the statement of witnesses in
respect of the offence punishable under Section 498-A of
IPC which is yet to be established by the prosecution
during evidence. However, in respect of the offence under
Section 306 of IPC, no witnesses is cited. The children of
the deceased and the petitioner are said to be of 5 and 3
years old, having the case made out, it is not required to
continue the petitioner in judicial custody till the
conclusion of the case.
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4. Accordingly, petition is allowed subject to the
following conditions:
1. Petitioner is enlarged on bail on executing a
self bond for a sum of Rs.1,00,000/- (One
Lakh Rupees only) with one local surety for
the likesum to the satisfaction of the
concerned court;
2. He shall attend the court regularly on the
hearing dates;
3. He shall not threaten the prosecution
witnesses.
Sd/-
JUDGE
Bsv
