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Judgments of Supreme Court of India and High Courts

Shivakumar vs The State Of Karnataka on 26 December, 2017

1

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.9977/2017

BETWEEN:

SHIVAKUMAR
S/O AMARESHAPPA,
AGE: 34 YEARS,
OCC: SELF EMPLYED
R/O NEHRU COLONY, 4TH CROSS,
BALLARI- 583 112.
… PETITIONER

(BY SRI ANWAR BASHA B., ADV.,)

AND:

THE STATE OF KARNATAKA
(THROUGH GANDHINAGAR PS)
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
… RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.439 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL
IN CRIME NO.170/2016 (S.C.NO.7/2017) OF
GANDHINAGAR POLICE STATION, BALLARI DISTRICT FOR
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THE OFFENCE P/U/S 498-A, 323, 304B R/W 34 OF IPC
AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner/accused

No.1 in Crime No.170/2016 for the offences punishable

under Sections 498-A, 323 and 304B read with Section

34 of IPC and Sections 3 and 4 of Dowry Prohibition

Act, 1961.

2. The substance of the complaint is that the

petitioner/accused No.1 is the husband of the deceased

and the deceased was subjected to cruelty, harassment

and torture. At the time of marriage, the parents of the

deceased had given dowry of Rs.2,00,000/- and 50

grams of gold. Thereafter, she was humiliated regarding

her complexion and infertility for not getting pregnancy

by the accused persons. It is further stated in the

complaint that the deceased committed suicide by
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hanging on 20.08.2016 at about 8 am., in the house of

accused persons.

3. Learned counsel for the petitioner/accused No.1

would submits that the petitioner/accused No.1 is in

judicial custody since 30.08.2017.

4. Learned High Court Government Pleader

opposes the bail application.

5. Considering the fact that the petitioner/accused

No.1 is in judicial custody and completion of

investigation of the case, I am of the view that it is just

and proper to enlarge the petitioner/accused No.1 on

bail.

6. Accordingly, the petition is allowed.

Petitioner/accused No.1 is ordered to be enlarged on

bail in Crime No.170/2016 of the respondent – Police

Station for the offences punishable under Sections
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498A, 323 and 304B read with Section 34 of IPC and

Sections 3 and 4 of Dowry Prohibition Act, 1961,

subject to the following conditions:-

i) The petitioner-accused No.1 shall execute a
personal bond for Rs.50,000/- with a surety
owning and possessing immovable properties
for the likesum;

ii) The petitioner-accused shall not terrorize the
witnesses nor tamper the prosecution
evidence in any manner;

iii) The petitioner-accused shall not leave the
territory of the trial Court without prior
permission till the completion of the trial;

iv) The petitioner-accused shall mark his
attendance before the Investigating Officer of
the above case on every second and fourth
Saturday between 9.00 and 10.00 p.m. until
further orders by the Trial Court.

Sd/-

JUDGE
PB

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