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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.7557 OF 2019
BETWEEN:
Sri.Prasanna,
S/o Puttappa,
Aged about 32 years,
R/at Neralakere Village,
Amruthapura Hobli,
Tarikere Taluk,
Chikkamagaluru District – 577 228. …Petitioner
(By Sri Sharath Kumar H.N., Advocate)
AND:
The State of Karnataka,
By Tarikere Town Police Station,
Represented by
State Public Prosecutor,
High Court of Karnataka,
Bengaluru – 560 001. …Respondent
(By Sri.Honnappa, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.130/2019 of Tarikere Town P.S., Chikkamagaluru For
the offence P/U/S 498A, 304B, 306, 34 of SectionIPC.
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This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
Heard the learned Counsel for the petitioner and the
learned HCGP for the respondent-State. Perused the
records.
2. The petitioner is arraigned as accused No.1 in Crime
No.130/2019 on the file of Tarikere Town Police Station for
the offences punishable under Sections 498A, Section304B, Section302
read with Sectionsection 34 of IPC, 1860. After investigation, the
police have filed charged sheet in C.C. No.248/2019.
Presently, the matter is pending before the I Additional
District And Sessions Judge, Chickmagaluru.
3. Brief facts of the case are that the deceased by
name Kavya, daughter of C.W.1, was given in marriage to
the petitioner on 17.8.2018. It is alleged that, at the time of
marriage, cash of Rs.2,35,000/- and gold and silver articles
were given to the petitioner-accused. Two weeks thereafter
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the marriage, the accused persons started harassing and ill-
treating the deceased to bring some more dowry of Rs.5.00
lakh. The parents of the deceased told the accused that they
have no money with them and sought some time to pay the
same. In spite of that, there was ill-treatment and
harassment by the accused to the deceased and therefore,
the deceased committed suicide on 2.6.2019 by hanging
herself in the house of the petitioner. On the above said
allegations, the police have filed the charge sheet.
4. The entire charge sheet papers disclose that the
marriage took place on 17.8.2018 and within the short span
of 10 months, the death of the deceased has taken place in
the house of the petitioner-accused. Of course, there is an
allegation that there was demand of dowry for Rs.5.00 lakh,
but what transpired in the house of the accused between
these days is not specifically forthcoming except stating that
accused were harassing and ill-treating the deceased. The
nature of harassment and ill-treatment and sensitivity of the
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said lady with the accused is the factor that should be taken
into consideration by the Court below while considering the
matter. Whether there was any ill-treatment and harassment
and whether any demand for dowry was made soon before
the death of the deceased and whether there was an
intention on the part of the petitioner-accused to drive the
deceased to commit suicide is to be considered during the
course of full-dressed trial.
5. Under the above facts and circumstances of the
case, in matrimonial matters, of course, when the death
occurred within the short span of the marriage between the
petitioner and the deceased has to be taken into
consideration. But, after the marriage, what exactly
transpired and how the deceased was behaving with the
family members, are all the factors to be taken into
consideration. As the accused is already arrested and he is
judicial custody for more than two months, and as the charge
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sheet has already been filed, in my opinion, the petitioner is
entitled to be enlarged on bail.
6. Hence, the following:
ORDER
The Petition is allowed. Consequently, the petitioner
shall be released on bail in connection with Crime
No.130/2019 on the file of Tarikere Town Police Station,
Chikkamagalur District for the alleged offences, subject to
the following conditions:
(i) The petitioner shall execute his personal
bond for a sum of Rs.1,00,000/-(Rupees One
Lakh only) with two sureties for the like-sum to
the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering
the prosecution witnesses.
(iii) The petitioner shall appear before the
jurisdictional court on all the future hearing dates
unless exempted by the court for any genuine
cause.
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(iv) The petitioner shall not leave the jurisdiction
of the trial Court without prior permission of the
court till the case registered against him is
disposed of.
Sd/-
JUDGE
Cs
CT:SN
