IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF JUNE 2018
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.2548/2018
S/o late Reddappa
Aged about 33 years
R/at: No.147, Vengamamba
(By Sri: H.Jagadeesha, Advocate)
The State of Karnataka
By Yelahanka Police Station
Rep. by their Public Prosecutor
(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
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:
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
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
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
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,
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
d) Petitioner shall not get involved in similar
e) Petitioner shall not leave the jurisdiction
of the Trial Court without prior
permission of the Trial Court.