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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/*