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Sachin vs The State Of Karnataka By on 27 February, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF FEBRUARY, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.651/2018
BETWEEN:

Sachin
S/o Rudramuni
Aged about 29 years,
Receptionist at Durga Siri
R/o Bank Colony,
Near the house of Ex-MLA Basavanna,
Chitradurga City – 577 501.
… Petitioner

(By Sri Jayaprakash K N, Advocate)

AND:

The State of Karnataka by
Malebennur Police Station,
Harihara Taluk, Davanagere District.
… Respondent

(By Sri K Nageshwarappa, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.156/2017 of Malebennur Police Station,
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Davangere District for the offence punishable under
Sections 498A, 306, 304B read with Section 34 of IPC
and Sections 3 and 4 of Dowry Prohibition Act and etc.

This criminal petition coming on for orders, this
day, the Court made the following:

ORDER

Heard the petitioner’s counsel and learned High

Court Government Pleader.

2. This is a petition under Section 439 of

Cr.P.C. The petitioner is accused No.1 in Crime

No.156/2017 registered at respondent-police station for

the offences punishable under Sections 498A, 306,

304B read with Section 34 of IPC and Sections 3 and 4

of Dowry Prohibition Act.

3. The petitioner is the husband of the

deceased-Yashoda. Their marriage took place at

Davangere on 02.03.2017. In the complaint, it is stated

that, at the time of marriage, dowry in the form of gold,

silver and cash were given to the petitioner and even
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after the marriage, deceased was being harassed for

additional dowry in the form of cash of Rs.1 lakh. Being

unable to bear the torture, the deceased went to her

parents house and committed suicide on 03.07.2017.

4. Petitioner’s counsel argues that the

investigation has been completed. From the statement

of the witnesses it cannot be made out that there was a

demand for dowry after the marriage. The deceased was

said to have left a death note according to which the

reason for suicide can be said to be relationship of the

petitioner with a girl by name Pavithra. If really,

deceased was subjected to harassment in connection

with dowry, the death note would have contained

allegation to that effect. Therefore, the truth in the

chargesheet becomes doubtful. Further he argues that

at best, the entire incident can be brought within the

ambit of Section 306 of IPC and nothing more. The

petitioner has been in custody for quite a long time and
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since there are no prima-facie materials, petitioner can

be admitted to bail.

5. Learned HCGP opposes the application for

grant of bail.

6. On perusing the statements of the witnesses

examined by the Investigating Officer, it becomes clear

that most of them are the relatives of deceased. More

important is the death note which does not say

anything about dowry harassment. All that it says is

with regard to relationship between this petitioner and

another girl Pavithra who is arrayed as accused No.3.

Therefore, the registration of the complaint for the

offence punishable under Section 498A and 304B has to

be doubted. The petitioner has been in custody for quite

a long time. Investigation is over and therefore, there is

no impediment for admitting the petitioner on bail.

Hence, the following:

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ORDER

Petition is allowed.

Petitioner shall be released on bail on obtaining

from him bond for Rs.50,000/-(Rupees fifty thousand)

and a surety for the likesum to the satisfaction of the

trial Court. The petitioner is subjected to the following

conditions:

1) He shall regularly appear before the Court
during trial.

2) He shall not threaten the witness and
tamper the prosecution evidence.

Sd/-

JUDGE

dn/-

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