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Sri Harish vs State Of Karnataka on 16 October, 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF OCTOBER, 2018

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL PETITION No.7802/2018

BETWEEN

SRI HARISH
S/O K SRINIVASAPPA
AGED ABOUT 33 YEARS
AGRICULTURIST
R/AT GODLAMUDDENAHALLI
VILLAGE, VIJAYAPURA HOBLI
DEVENAHALLI TALUK
BANGALORE RURAL DISTRICT.
(PERMANENT ADDRESS)

PRESENTLY RESIDING AND WORKING AT
No.3/7, 1ST CROSS, GUNDAPPA LAYOUT
BYASANDRA VILLAGE, C V RAMAN NAGAR
BANGALORE – 560 093.
…PETITIONER

(BY SMT. R SHAMA, ADVOCATE)

AND

STATE OF KARNATAKA
BY VIJAYAPURA POLICE
DEVANAHALLI TALUK
REP. BY SPP, HIGH COURT
BANGALORE – 560 001.
…RESPONDENT

(BY SRI I S PRAMOD CHANDRA, SPP-II)
2

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR. No.185/2018 OF VIJAYAPURA POLICE
STATION, BANGALORE FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 498A, 307, 114 READ WITH 34 OF IPC.

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

This Criminal Petition is filed under Section 439 of

Cr.P.C. seeking to enlarge the petitioner on bail in

Crime No.185/2018 of Vijayapura Police Station, for the

offences punishable under Sections 498A, 307, 114

read with Section 34 of IPC.

2. The substance of the complaint as could be

seen from the certified copy of the orders passed in

Crl.Misc.15406/2018 dated 11.10.2018 on the file of

the V Additional District and Sessions Judge,

Devanahalli, Bengaluru Rural District is that, the

complainant Smt. Kavitha N. is the wife of the

accused/petitioner herein and their marriage was

solemnized on 24.4.2011 and they started their marital

house at Godlamuddenahalli village. They lived happily
3

for 4 to 5 years. A child was born through the wedlock.

Complainant states that there was demand for dowry

from the accused and he also used to abuse the

complainant in filthy language. On 19.9.2018 accused

brought the complainant to her parent’s house situated

at Konaginabele village and on the way, he pushed her

from motor cycle and stopped the motor cycle and

threatened her with life and also assaulted her due to

which she sustained grievous injuries. A case came to

be registered against the accused in Crime

No.185/2018 for the aforesaid offences.

3. Heard learned counsel for the petitioner-

accused and learned SPP II for the respondent-State.

4. Learned counsel Smt. R. Shama for the

petitioner would submit that the complainant has

resorted to take revenge against the petitioner and filed

a case for the offence punishable under Section 498A,

307, 14 read with Section 34 IPC as he caused a notice
4

for divorce to her. She would further submit that

petitioner is in judicial custody since 20.9.2018.

5. Learned SPP II for the respondent opposes the

grant of bail.

6. Considering the relationship between the

petitioner and the respondent-complainant and birth of

a child, I am of the view that there is no likelihood of

interference to the investigation. Thus, I find that no

prejudice would be caused to the ends of justice if the

petitioner is enlarged on bail.

7. Hence, the criminal petition is allowed. The

petitioner-accused is enlarged on bail in

Cr.No.185/2018 registered by the respondent-Police

subject to the following conditions;

i) The petitioner-accused shall execute a personal
bond for Rs.50,000/- with a solvent surety
owning and possessing immovable properties
for the likesum.

5

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.

Sd/-

JUDGE

tsn*

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