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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF DECEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.7543/2017
BETWEEN:
Ravi.B.B.,
S/o Basavegowda
Aged about 28 years
Residing at Hosamala
Biligre Village, Nanjangud,
Mysore District 577 201. … Petitioner
(By Sri.Mohan Kumar.D., Advocate)
AND:
State by Biligere Police Station,
Represented by Public Prosecutor
High Court,
Bengaluru-560 001. … Respondent
(By Sri.K.Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.46/2017 (S.C.No.159/17) of Billgere P.S., Mysuru
District for the offences punishable under Sections 498A,
304B, 302 r/w 34 of IPC and Sections 3, 4 and 6 of the
Dowry Prohibition Act.
This Criminal Petition coming on for orders this day,
the Court made the following:
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ORDER
This petition is filed by the petitioner/accused
under Section 439 of Cr.P.C. seeking his release on bail
for the offences punishable under Sections 498A, 304B,
302 r/w 34 of IPC and Sections 3, 4 and 6 of the Dowry
Prohibition Act registered in the respondent – Biligere
Police Station, Mysuru in Crime No.3 Cr.No.46/2017
(S.C.No.159/17).
2. The case of the prosecution is that marriage of
the petitioner and deceased Rathnamma took place on
12.6.2016 and at the time of the marriage, there was a
demand of cash of Rs.2,00,000/- and gold ornaments of
35 grams and the remaining demand of Rs.1,50,000/-
and 15 grams of gold was agreed to be paid in few
months from the date of the marriage. Victim
Rathnamma was subjected to dowry harassment and
inferiority treatment. Conciliations held in this regard by
the Panchyath and elders failed. It is also stated that
just prior to the day of the incident Rathnamma was
subjected to cruelty and harassment due to non-
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payment of remaining dowry. On the date of the incident
i.e., on 10.3.2017, she poured kerosene on herself and
set ablaze. Thus a case came to be registered against
the petitioner and others for the aforesaid offences.
3. The learned counsel for the petitioner would
submit that the petitioner is a permanent resident of
Biligere Village having deep roots in the society and he
undertakes to obey all the conditions that is imposed by
the Court and pray for enlargement of the petitioner on
bail.
4. The learned HCGP vehemently opposed
petition on the ground that the death of said
Rathnamma is within 7 years of the marriage and
therefore, he is not entitled to be enlarged on bail and
sought for dismissal of the petition.
5. In the circumstances of the case, the gravity
of the offence for the limited purpose of disposal of bail
application has to be assessed. The petitioner has
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undertaken to abide by all the conditions that are
imposed by the Court. Thus, there does not appear any
likelihood of interference by the petitioner in the
investigation and no prejudice is caused to the case of
justice if he is enlarged on bail. The apprehensions of
the prosecution can be met by imposing conditions.
6. Accordingly, the petition is allowed. The
petitioner/accused is ordered to be released on bail for
the aforesaid offences registered in Crime No.46/2017 of
the respondent – Police Station, subject to the following
conditions:
(i) The petitioner has to execute a
personal bond for `1,00,000/-
(Rupees One Lakh only) and has
to furnish one solvent surety of a
person possessing immovable
properties, for the likesum to the
satisfaction of the concerned
Court.
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(ii) He shall not tamper with any of
the prosecution witnesses, directly
or indirectly.
(iii) He has to appear before the
concerned Court regularly.
Sd/-
JUDGE
RS/*