SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ramprasad vs The State Of Karnataka on 6 June, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06TH DAY OF JUNE 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.2548/2018

Between:

Ramprasad
S/o late Reddappa
Aged about 33 years
R/at: No.147, Vengamamba
P.C.C.B.K.Layout
Marathahalli
Bangalore-560 073
…Petitioner
(By Sri: H.Jagadeesha, Advocate)

AND:

The State of Karnataka
By Yelahanka Police Station
Bangalore

Rep. by their Public Prosecutor
Court Complex
Bangalore-560 001
…Respondent

(By Sri: S.Vishwa Murthy, HCGP)

This Criminal Petition is filed under Section 439 Cr.P.C.
praying to enlarge the petitioner on bail in Cr.No.334/2017 of
2

Yelahanka Police Station, Bangalore City for the offence
punishable under
Sections 498(A), 306 r/w 34 of IPC.

This Criminal petition coming on for Orders this day,
the Court made the following:

ORDER

This petition is filed under Section 439 of Cr.P.C.

seeking regular bail in Cr.No.334/2017 registered for the

offence punishable under Sections 498A, 306 r/w 34 of

IPC.

2. Heard the learned counsel for the petitioner

and learned High Court Government Pleader.

3. Learned High Court Government Pleader has

not filed any statement of objection, but, has orally

opposed the petition.

4. The petitioner is the husband of the deceased.

He married her in the year 2005. In their wedlock, they

had two issues. It is alleged that the deceased was ill

treated and harassed in the matrimonial home making

demand for additional dowry. Father of the deceased
3

lodged a report in this regard alleging that the petitioner

was demanding a sum of Rs.5.00 lakhs and he was

proclaiming that he would marry the sister of the

deceased and was also demanding that the property

document should be transferred in his name. Unable to

bear the cruelty and harassment of the petitioner and his

brother in the matrimonial home, on 16.11.2017, at

about 3.00 p.m. deceased consumed poison. During the

incident, parents of the deceased were in the house and

on noticing that the froth was oozing out of her mouth,

the parents of the deceased informed the police and

thereafter the deceased was taken to hospital.

5. A reading of the complaint indicates that the

petitioner was not present during the occurrence of the

incident. The narration made in the complaint goes to

show that even on the previous night the petitioner was

not present in the house. Therefore, there is no clear

evidence as to the immediate provocation driving the
4

deceased to commit suicide. The allegations of dowry

demand and cruelty no doubt require to be investigated

but, having regard to the nature of the evidence that is

required to be collected in proof of the alleged offence, I

do not find it necessary that the custody of the petitioner

could be extended solely by way of punishment. Hence,

the following:

ORDER

6. Criminal petition is allowed.

a) Petitioner is ordered to be enlarged on
bail on obtaining a bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only)
with one surety for the likesum to the
satisfaction of the jurisdictional court.

b) Petitioner shall appear before the court as
and when required.

c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever
manner.

d) Petitioner shall not get involved in similar
offences.

5

e) Petitioner shall not leave the jurisdiction
of the Trial Court without prior
permission of the Trial Court.

Sd/-

JUDGE

RR

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