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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF JULY, 2019

BEFORE

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

CRIMINAL PETITION No. 2527/2019

Between:

Sri. Mahesh Babu
S/o. Late Rajanna,
Aged about 28 years,
R/o. Dimbala Village,
Kasaba Hobli,
Srinivaspur Taluk,
Kolar District 563 101.
… Petitioner

(By Sri. Nanjunda Gowda M.R., Advocate)

And:

The State of Karnataka
By Srinivaspura Police,
Represented by
State Public Prosecutor,
High Court Buildings,
Bengaluru 560 001.
…Respondent
(By Sri. S. Rachaiah, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.331/2018 of Srinivasapura police for the offences
punishable under Sections 304(B), Section498(A) read with Section
34 of IPC and Sections 3 and Section4 of Dowry Prohibition Act,
1961.
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This Criminal Petition coming on for orders this day,
the Court, made the following:

ORDER

Petitioner is seeking to be enlarged on bail in

connection with his detention pursuant to the

proceedings in Crime No.331/2018 for the offences

punishable under Sections 304B, Section498A, Section34 of IPC and

Sections 3 and Section4 of the Dowry Prohibition Act, 1961.

2. The case of the prosecution is that a

complaint was filed by the father of deceased alleging

that the petitioner and the deceased were married and

that at the time of marriage gold ornaments were given.

It is further stated that the petitioner and his mother

i.e., accused Nos. 1 and 2 had sold the gold ornaments

given to deceased and there were quarrels when the

deceased questioned the petitioner and his mother

regarding the sale of her ornaments. It is further stated

that there were demands for dowry from the petitioner’s
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side and it is alleged that the deceased was being

harassed in that regard. It is stated that on 05.11.2018,

petitioner had informed the complainant that his

daughter had died. On the basis of the complaint, FIR is

lodged, investigation is complete and charge sheet has

been filed.

3. Learned counsel for the petitioner submits

that the proof of commission of offence is a matter for

trial. As to whether the acts of alleged harassment have

taken place is a matter to be proved during trial and as

to whether the acts of petitioner led the deceased to

commit suicide is also a matter for trial. Taking note of

the fact that charge sheet has been filed after

investigation, that the petitioner has been in custody

since 07.11.2018 and looking into the nature of offence

alleged, petitioner is entitled to be enlarged on bail.

4. It is noticed that Sessions Court had rejected

the petition of the petitioner observing that prima facie
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case has been made out. However, in light of the

observations made above, petitioner is entitled to be

enlarged on bail.

5. Accordingly, the bail petition filed by the

petitioner under Sec. 439 of SectionCr.P.C. is allowed and the

petitioner is enlarged on bail in Crime No.331/2018 for

the offences punishable under Sections 304B, Section498A, Section34

of IPC and Sections 3 and Section4 of the Dowry Prohibition

Act, 1961, subject to the following conditions:

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

(ii) The petitioner shall fully co-operate for
the expeditious disposal of the trial.

(iii) The petitioner shall not tamper with
evidence, influence in any way any
witness.

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(iv) In the event of change of address, the
petitioner to inform the same to the
concerned SHO.

(v) Any violation of the aforementioned
conditions by the petitioner, shall
result in cancellation of bail.

Any observation made herein shall not be taken as

an expression of opinion on the merits of the case.

Sd/-

JUDGE

VP