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Sri. Naresh Kumar @ S. Naresh @ Nari vs State Of Karnataka on 27 March, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27th DAY OF MARCH, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION NO.8517/2018

BETWEEN :

Sri Naresh Kumar @ S.Naresh @ Nari
S/o late Sundar
Aged about 26 years
R/at No.71/E, Railway Quarters
Diesel Shed Ariya, K.R. Puram,
Bengaluru-560 081.
… Petitioner
(By Sri Nagaiah, Advocate)

AND :

State of Karnataka
by K.R.Puram Police Station
Represented by Special Public Prosecutor
High Court Complex
Bengaluru-560 001
… Respondent
(By Smt Namitha Mahesh B.G., HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.210/2018 (C.C.No.55839/2018) registered by
K.R.Puram Police Station, Bengaluru, for the offences
punishable under Sections 498(A) and 304(B) r/w.
Section 34 of Indian Penal Code and Sections 3 and 4 of
Dowry Prohibition Act.
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This Criminal Petition coming on for orders this day,
the Court made the following:-

ORDER

The present petition is filed by accused No.1 under

Section 439 of Cr.P.C. praying to release him on bail in

Crime No.210/2018 of K.R.Puram Police Station for the

offences punishable under Sections 498A, 304B r/w.34 of

IPC and Sections 3 and 4 of Dowry Prohibition Act.

2. I have heard the learned counsel for the

petitioner and the learned HCGP for the respondent-

State.

3. The gist of the complaint is that deceased got

married with accused No.1-petitioner herein on

19.3.2018. Accused No.1 was working as Mechanic in

Railway Department. On 22.3.2018 marriage reception

was performed. At the time of marriage, complainant

gave gold ornaments, etc. in the form of dowry.

Thereafter accused No.1 started ill-treating and harassing

the deceased both physically and mentally by
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pressurizing her to bring some more dowry. Due to

illtreatment and harassment by the petitioner, on

9.4.2018 early morning, the deceased committed suicide

by hanging in the house of the petitioner. On the basis

of the complaint, a case has been registered.

4. It is the submission of the learned counsel for

the petitioner that petitioner-accused No.1 is innocent.

Already charge sheet has been filed. Earlier a complaint

has been registered for having committed the murder of

the deceased. But when the charge sheet has been filed

it has been filed under Sections 498A and 304B of IPC.

He further submitted that already remaining accused

persons have been granted anticipatory bail by this Court

and on the ground of parity the petitioner is also entitled

to be released on bail. He further submitted that PM

report clearly goes to show that the death is due to

hanging and no external injuries were found over the

body of the deceased that itself clearly goes to show that

there was no ill-treatment or harassment by accused to
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bring the dowry. He further submitted that the alleged

incident has taken place within 19 days after the

marriage. No reasons for the death have been

mentioned. He further submitted that the accused No.1

is not having parents. Petitioner is ready to abide by any

conditions and ready to offer sureties. On these

grounds, he prayed to allow the petition.

5. Per contra, the learned HCGP vehemently argued

and submitted that four days prior to the alleged incident

there was quarrel between the petitioner and the

deceased. She further submitted that the petitioner was

intending to marry his sister’s daughter and as he got

married with the deceased there was altercation in the

family. She further submitted as the death is within 19

days after the marriage, it is a presumption that it is a

dowry death. She further submitted that the petitioner

has not explained as to under what circumstances the

death of the deceased has taken place in his house. On

these grounds, she prayed to dismiss the petition.
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6. I have carefully and cautiously gone through the

submissions made by the learned counsel for the parties

and perused the records.

7. On close reading of the contents of the complaint

and other material, it indicates that accused No.1 is not

having any parents. He got married with the deceased

and within 19 days after the marriage, she committed

suicide. On perusal of the PM report, except ligature

mark, there were no external injuries found on the body

of the deceased. Even there are no serious allegations to

point out the fact that there was a demand of dowry and

at the time of marriage, the complainant paid the dowry

in the form of gold etc. Hence, in the absence of such

material, it cannot be held that there was ill-treatment

and harassment for demand of dowry by the petitioner.

The reasons for the death in the matrimonial house are

going to be appreciated and considered only at the time

of trail. When already the charge sheet is filed and the
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investigation has been completed, detention of the

petitioner in custody is not required for any other

purpose. In that light, I feel that by imposing some

stringent conditions, if the petitioner is ordered to be

released on bail, it would meet the ends of justice.

Accordingly, the petition is allowed and accused

No.1-petitioner herein is enlarged on bail in Crime

No.210/2018 of K.R.Puram Police Station for the offences

punishable under Sections 498A, 304B r/w.34 of IPC and

Sections 3 and 4 of Dowry Prohibition Act, subject to the

following conditions:-

i) Petitioner shall execute a personal bond for
Rs.2,00,000/- (Rupees two Lakhs only)
with two sureties for the like sum to the
satisfaction of the trial Court.

ii) He shall not tamper with the prosecution
witnesses in any manner.

iii) He shall not leave the jurisdiction of the
trial Court without prior permission.

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iv) He shall mark his attendance on 1st of
every month before the jurisdictional police
between 10.00 a.m. and 5.00 p.m. till the
trial is completed.

Sd/-

JUDGE

*ck/-

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