SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sanjay Gupta vs State By Konanakunte Police … on 5 July, 2018

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05TH DAY OF JULY 2018

BEFORE

THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.3001 OF 2018

BETWEEN:

Sanjay Gupta
S/o Ayodhya Prasad,
Aged about 35 years,
Residint at Harischandra House,
Beside Anand Medical Store,
Near Chunchaghatta Circle,
Bengaluru-560 065.
…PETITIONER
(By Sri. B.M. Halaswamy, Adv.,)

AND:

State by Konanakunte
Police Station,
Bengaluru.
Rep. by SPP,
High Court of Karnataka,
Bengaluru-01.
… 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 Crime
No.500/2017 (S.C.No.254/2018) of Konanakunte P.S.,
Bengaluru for the offence punishable under Sections 498A,
304B of IPC and Sections 3, 4 of D.P. Act.
-2-

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., in

Cr.No.500/2017, registered in Konankunte Police Station.

Investigation is completed and charge-sheet is laid by the

respondent – Police against petitioner/accused for the

offences punishable under Sections 498-A, 304-B of IPC and

Sections 3 and 4 of the Dowry Prohibition Act.

2. Heard the learned counsel for the petitioner and

the learned High Court Government Pleader and perused the

charge sheet.

3. The case of the prosecution is that the deceased had

married the petitioner herein on 3.5.2017, after the death of

her first husband. She had a daughter, aged about three

years at the time of marriage. The petitioner also had lost

his first wife and hence, he entered into the second marriage

with the deceased. As at the time of the marriage, the
-3-

petitioner had a mentally retarded son, aged about 13 years

through his first wife.

4. The case of the prosecution is that on 17.11.2011,

the deceased was found hanging in the matrimonial house.

The door was locked from inside. The body of the child was

also found inside the room. The door was broken open and

the dead bodies were subjected to post mortem examination.

As per the post mortem report, the deceased is said to have

died due to asphyxia as a result of hanging. According to

the case of the prosecution, the child was strangulated to

death. After completion of the investigation, the charge

sheet is laid against the petitioner alleging that the deceased

committed suicide at the instigation of the petitioner and on

account of the dowry demand and the cruelty meted out to

her, which would attract the offence under Section 304-B of

IPC.

5. Looking into the circumstances projected by the

prosecution, possibilities of the deceased being frustrated in

life on account of the mentally retarded son of the petitioner,
-4-

whom she had to look after, cannot be ruled out. There is

nothing in the charge sheet to indicate that there was any

immediate instigation or provocation to the deceased to

resort to hanging or to strangulate her child. The facts

depicted in the charge sheet indicate that the deceased had

locked the door from inside. Therefore, taking into

consideration all these facts and circumstances of the case

and moreover, the investigation itself having been completed,

in my view, the custody of the petitioner is not required to be

extended any further as punishment. Hence, the following

order :

The Criminal Petition is allowed.

a. Petitioner shall be enlarged on bail on
furnishing a bond in a sum of

Rs.1,00,000/- (Rupees One lakh only)
with two sureties for the likesum to the
satisfaction of the jurisdictional Court;

b. The petitioner shall appear before the
Court as and when required;

c. The petitioner shall not threaten or allure
the prosecution witnesses and
-5-

d. The petitioner shall not involve himself in
similar offences.

Sd/-

JUDGE

bk

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 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 read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation