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Sri. Manjunath V vs The State Of Karnataka on 24 July, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF JULY 2019

BEFORE

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

CRIMINAL PETITION No.3506/2019
Between:

Sri. Manjunath V
S/o. Late Venkatesh,
Aged about 37 years,
R/at No.64/1, 2nd Main, 7th Cross,
Opp. Ravinandana School,
Kaveripura, Kamakshipalya,
Basaveshwaranagara,
Bengaluru 560 079. … Petitioner

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

And:

The State of Karnataka
By Madanayakanahalli Police,
Rep. by State Public Prosecutor,
Bengaluru 560 001. … Respondent

(By Sri. K. P. Yoganna, HCGP)

This Criminal Petition is filed under Section 438 of the
Cr.P.C., praying to enlarge the petitioner on anticipatory bail
in the event of his arrest in Crime No.155/2019 of
Madanayakanahalli Police for the offences p/u/s 498A, 306
of SectionIPC and Sections 3 and 4 of D.P. Act.

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

The petitioner is seeking to be enlarged on bail in

the event of his arrest in connection with the

proceedings in Crime No.155/2019 for the offences

punishable under Sections 498-A and Section306 of IPC.

2. The case of the prosecution is that on

11.04.2019, a case came to be registered on the basis of

a complaint by the brother of deceased. It is stated that

the deceased was married to the accused about ten

years prior to the incident and it is alleged that he had

been ill-treating the deceased and had confined the

deceased at home without providing basic facilities for

the past 15 days. It is further stated that there were

continuous demands for dowry. It is alleged that the

parents of the complainant had also committed suicide

in light of the harassment of the petitioner. It is stated

that on 11.04.2019 the deceased allegedly committed

suicide. On the basis of the said incident, the
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complaint was lodged, FIR is registered and

investigation is in progress.

3. The learned counsel for the petitioner states

that as regards the suicide of the parents of the

deceased, no complaint has been filed and that proof of

the offence is a matter for trial. He further submits that

no case is made out for custodial interrogation. It is

further submitted as the petitioner is a conductor in

BMTC, he would co-operate with the investigation.

4. The learned High Court Government Pleader

appearing for the respondent – State submits that the

grant of anticipatory bail would not arise and states that

the petitioner is required for custodial interrogation. It is

further submitted that during investigation, the death

note by the deceased has been recovered and for the

purpose of complete investigation, the petitioner is

required to subject himself to custodial interrogation.
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5. Learned Government Pleader states that they

would complete the custodial interrogation of the

petitioner in an expeditious manner. Said statement is

taken note of.

6. Taking note of the nature of offences alleged,

contents of the detailed complaint including the alleged

harassment of the petitioner as regards the parents of

the deceased driving them to commit suicide, the plea of

prosecution that custodial interrogation is required in

light of the death note that is recovered and to complete

the investigation, it is to be accepted. The right to

investigate in light of the present incident ought not to

be interfered with unduly. In light of recovery of death

note, a case is made out for the petitioner to subject

himself to custodial interrogation.

Accordingly, the petition is rejected.

Sd/-

JUDGE
VGR

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