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Sri K L Murthy vs The State Of Karanataka on 29 May, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF MAY 2019

BEFORE

THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV

CRIMINAL PETITION No.3222/2019

Between:

Sri K.L. Murthy,
S/o Late Lakshmanappa,
Aged about 43 years,
R/o J. Channappa Badavane,
Holalkere Town,
Chitradurga District – 577 526. … Petitioner

(By Sri Rahul Rai K., Advocate)

And:

The State of Karnataka,
Through Holalkere Police Station,
Represented by its
State Public Prosecutor,
High Court Building,
Bangalore – 560 001. … Respondent

(By Sri K.P. Yoganna, HCGP)

This Criminal Petition is filed under Section 439 of the
Cr.P.C., praying to enlarge the petitioner on bail in Cr.
No.79/2019 of Holalkere Police Station, Chitradurga for the
offences p/u/s 498-A, 304-B r/w Section 34 of IPC and
Sections 3 and Section4 of Dowry Prohibition Act.

This Criminal Petition coming on for orders this day,
the Court, made the following:
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ORDER

The petitioner has filed the application under

Section 439 of Cr.P.C. seeking to be enlarged on bail,

as he is detained in relation to the proceedings in Crime

No.79/2019 on the file of Senior Civil Judge JMFC

Court, Holalkere, Chitradurga relating to the alleged

offences punishable under Sections 498A, Section304B read

with Section 34 of IPC and Sections 3 and Section4 of the

Dowry Prohibition Act, 1961.

2. The petitioner is said to be a lecturer at

Government Girls Pre-University College, Belur. The

complaint makes out the facts that the deceased was

married to the petitioner which was as per the custom

and within the wedlock they have a son aged two years.

3. It is alleged that accused No.1, his mother

and sister have been abusing and harassing the

deceased in order to force her to bring dowry. It is

stated that on 17.04.2019 on the basis of a telephone
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call received from accused No.3, it has come to the

complainant’s knowledge that her daughter had died.

On the basis of the complaint registered, the petitioner

has been taken into custody on 18.04.2019.

4. The petitioner states that he has been

working at the Government Girls Pre-University College,

Belur, while the deceased was staying with his mother

at Chitradurga. It is further stated that the alleged

incident is said to have occurred on 17.04.2019 and on

the said day, he was posted for election duty at

Holenarasipura which is about 200 Kms. away from the

place of the incident.

5. It is further stated that the investigation is at

an advanced stage and that the witnesses that the

prosecution would rely are mainly the relatives of

deceased, who stay at Shivamogga. As deceased is from

Shivamogga and as the petitioner himself was working

in Belur and his mother stays at Chitradurga, the
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question of petitioner prevailing upon the witnesses

threatening or inducing them does not arise and the

petitioner further states that he would cooperate with

the Investigating Authorities.

6. It is further stated that the petitioner has a

two year old child and the said child is at present with

the petitioner’s mother and the petitioner’s mother is

aged about 75 years. Therefore, apart from looking after

the petitioner’s mother, the requirement of petitioner’s

son are such that the petitioner is required to be

enlarged on bail.

7. The prosecution opposes the grant of bail

and states that investigation is not complete and that

there is possibility of petitioner absconding.

8. Perused the investigation records available

with the learned Government Pleader. On a careful

perusal, it becomes evident that the investigation is at
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an advanced stage. It is to be noticed that in offences

such as that which is alleged, the Prosecution would

rely upon the witnesses, who are relatives of deceased.

It cannot be said that such of the witness could be

easily influenced.

9. It is also to be noted that the petitioner

himself is a lecturer at a Government College and the

apprehension that petitioner may abscond does not

appear to be acceptable.

10. Taking note of the fact that the question as

to whether the deceased had committed suicide as a

result of harassment by the petitioner is a matter to be

proved during trial, noticing that on the date of incident

the petitioner was at Holenarasipura on election duty,

which is 200 Kms. away from the place of incident, it is

a case where the petitioner could be enlarged on bail,

subject to conditions.

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11. It is to be further noted that the mother and

sister of the petitioner have been enlarged on

anticipatory bail. It is also to be noted that the learned

Sessions Judge while allowing the applications filed by

the mother and sister of deceased has rejected the

petition of the petitioner and has stated that there is

possibility of tampering with the witnesses and

destroying the evidence.

12. However, on a perusal of the case diary and

taking note of the stage of investigation and noting that

the majority of investigation is complete, this petition is

allowed, subject to the following conditions.

(i) The petitioner shall execute a personal
bond of Rs.1,00,000/- (Rupees one
Lakh only) with a surety for the
likesum to the satisfaction of the
Investigating officer.

(ii) The petitioner shall fully co-operate
with the Investigating Officer and shall
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not indulge in any criminal activities
henceforth.

(iii) The petitioner shall not tamper with
evidence, influence in any way any
witness or hamper directly or indirectly
the investigation.

(iv) The petitioner shall physically present
himself and mark his attendance

before the concerned SHO once every
fortnight till filing of the charge sheet.

(v) The petitioner shall not enter
Shivamogga without the permission of
the Court.

(vi) Any violation of the aforementioned
conditions by the petitioner, howsoever
minor, shall result in automatic
cancellation of bail.

Sd/-

JUDGE
VGR

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