SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sri Anand Gowda vs State Of Karnataka By on 15 May, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF MAY 2018

BEFORE

THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO. 2361/2018

BETWEEN:

Sri. Anand Gowda
S/o Sri. R. Krishnappa,
Aged about 35 years,
Channasandra Village,
Hesaraghatta Hobli,
Bengaluru North Taluk-560064.
…PETITIONER

(By Sri. G.S. Venkat Subba Rao, Advocate)

AND:

State of Karnataka by
Rajanukunte Police,
Rajanakunte,
Bengaluru.
Rep. by Special Public Prosecutor
High Court Building
Bengaluru-560001.
… RESPONDENT
(By Sri. S. Vishwa Murthy, HCGP)

This Criminal Petition is filed under Section 439
Cr.P.C praying that this Hon’ble Court may be pleased
to enlarge the petitioner on bail in Crime No. 273/2017
2

(C.C. No. 1763/2018) of Rajanukunte Police Station,
Bangalore District for the offence punishable u/s.498A,
304B R/w 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 has sought for an order of regular

bail in Crime No.273/2017 registered by the

respondent-Police.

2. Initially, the F.I.R was registered under Sections

498A and 304B read with Section 34 of IPC. However,

after investigation, the charge-sheet is laid under

Sections 498A and 304B read with Section 34 of IPC

and Sections 3 and 4 of Dowry Prohibition Act against

the petitioner and the parents of the petitioner.

3. It is not in dispute that the marriage of the

deceased was performed with the petitioner herein on

28.04.2016. In the wedlock, the deceased had given
3

birth to a girl child who was aged about 11 months on

the date of the incident. According to the prosecution,

on account of the ill-treatment and harassment meted

out by the petitioner and his parents, the deceased is

stated to have consumed poison and committed suicide.

It is also the case of the prosecution that the deceased

administered poison to the child. However, the child

survived.

4. Learned counsel for the petitioner submits that

the child is presently in the care and custody of the

petitioner’s parents.

5. Though there is serious allegation of the dowry

demand and matrimonial cruelty by the petitioner, the

charge-sheet papers do not indicate that prior to the

incident, there were any specific instances of cruelty or

ill-treatment which were complained to the police or to

the elders. In any event, the investigation itself having

been completed, the custody of the petitioner is not
4

required to be extended by way of punishment. In the

circumstances of the case, there cannot be any

apprehension of the petitioner either threatening or

pressurizing the parents or the relatives of the deceased,

who are the prime witnesses in the case.

6. Taking into consideration all the above facts

and circumstances of the case, the petition is allowed

subject to following conditions:

a. The petitioner is ordered to be enlarged on

bail on furnishing a bond in a sum of

Rs.1,00,000/- (Rupees one lakh only) with

one surety to the like sum to the satisfaction

of the jurisdictional Court;

b. The petitioner shall appear before the Court

as and when summoned;

c. The petitioner shall not threaten or allure

the prosecution witnesses in any manner;
5

d. The petitioner shall not leave the jurisdiction

of the Trial Court without prior written

permission.

Sd/-

JUDGE

bnv*

Leave a Reply

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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2018 SC and HC Judgments Online at MyNation