IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20th DAY OF JUNE 2017
BEFORE
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.3595/2017
BETWEEN :
Shivanna,
S/o.Late Chikkapaiah,
Aged about 68 years,
C/o.Boodigere Cross,
Beedrhalli Hobli,
Bangalore East Taluk,
Bangalore – 560 023.
Permanent Address.
R/at Arehalli village,
Nandagudi Hobli,
Hosakote Taluk,
Bangalore Rural District.
Bangalore – 560 098. …PETITIONER
(By Sri.G.G.Ganesh, Adv.)
AND :
State by Avalahalli Police,
Represented by State
Public Prosecutor,
High Court Complex,
Bangalore – 560 023. …RESPONDENT
(By Sri.S.Vishwamurthy, HCGP)
. . . .
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This criminal petition is filed under Section 439
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.96/2017 of Avalahally Police Station, Bengaluru
District for the offence punishable under Sections 498A,
304B read with 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act.
This criminal petition coming on for orders this day,
the Court made the following:
ORDER
The petitioner is in judicial custody in respect of
Crime No.96/2017 registered by the respondent – Police for
the offence punishable under Sections 498A, 304B read
with 34 of IPC and Sections 3 and 4 of Dowry Prohibition
Act. He is the father-in-law of the victim Smt.Varalakshmi,
W/o.Sri.Mahesh.
2. The allegation is, the deceased was married to the
1st accused Mahesh, son of the petitioner in the year 2012
and the couple have a male child aged four years from the
marriage. Subsequent to the marriage, the husband and
in-laws of the deceased snatched all her gold ornaments
and demanded cash from the parents of the deceased. She
was harassed and made to work though she was pregnant.
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On their demand, though the parents of the deceased had
purchased a new gold mangalya chain for the deceased, it
was not yet given to the victim. The petitioner committed
suicide in the matrimonial home on 19.03.2017 since the
accused tortured the deceased for additional dowry, cash
and gold ornaments etc.
3. This petition is filed at the stage of investigation.
During the pendency of the petition, charge sheet is
submitted. From the post-mortem report, there is nothing
to suggest that the deceased was subjected to physical
violence immediately prior to her death. The case of the
prosecution is yet to be established by circumstantial
evidence. Therefore, there is no impediment to allow the
petition.
4. Accordingly, the petition is allowed. The petitioner
is enlarged on bail in Crime No.96.2017 subject to the
following conditions:
(a) He shall execute a self-bond for a sum of
Rs.1,00,000/- with one surety for the likesum to
the satisfaction of the concerned Court.
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(b) He shall attend the Court regularly and punctually
on all hearing dates.
(c) He shall not threaten or prevail upon the
prosecution witnesses.
Sd/-
JUDGE
SPS