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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MAY 2018
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.2812/2018
BETWEEN:
1. SRI RANGANATH
S/O DODDAIAH
2. SRI DODDAIAH
S/O BOGAPPA
BOTH ARE R/AT HOCHIHALLI VILLAGE
YAGATI HOBLI, KADUR TALUK,
CHIKMAGALURU DISTRICT-577102 … PETITIONERS
(BY SRI H.MALATESH, ADV.)
AND:
THE STATE
THROUGH THE POLICE INSPECTOR
PANCHANAHALLI POLICE STATION
CHIKMAGALURU
REP. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-01 …RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP.)
THIS CRL.P. FILED UNDER SECTION 439 CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.64/2017 (S.C.NO.43/2018) OF PANCHANAHALLI P.S.,
CHIKKAMAGALURU DISTRICT FOR THE OFFENCE P/U/S 498A,
304B R/W 34 OF IPC AND SECTIONS 3, 4 OF D.P. ACT.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
Heard.
2. Panchanahalli police of Kadur Taluk have
charge sheeted the petitioners in Crime No.64/2017 of
their Police station for the offences punishable under
Sections 498A, 304B read with 34 of Indian Penal Code
and Sections 3 and 4 of the Dowry Prohibition Act. The
said case is registered initially against the petitioners
and Chandramma i.e., the mother of the first petitioner
for the offences punishable under Section 302 read with
34 of Indian Penal Code and Sections 3 and 4 of the
Dowry Prohibition Act, on the basis of complaint of CW1
Gowramma W/o Manjappa.
3. The case of the prosecution in brief is as
follows:
Accused Nos.1 3 are the son and wife of the
second accused. The marriage of first accused and
CW1’s daughter Sudha was celebrated on 19.02.2017.
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After the marriage, the accused subjected Sudha to
physical and mental cruelty in connection with their
demand for dowry and humiliating that she is a barren
woman. Being frustrated by that, Sudha committed
suicide by hanging herself on 11.08.2017 at 7.45 a.m.,
in the house of the second accused situated at
Hochihalli village.
4. Though initially the allegations of cruelty in
connection with demand for dowry etc., were made
against the mother-in-law, while filing the charge sheet,
she is dropped. In the complaint, it is stated that few
days before the death of Sudha, the complainant took
his elders to the house of the accused and held a
Panchayath. The names of those elders/mediators are
not mentioned in the complaint. Even in the further
statement, the complainant has not revealed the names
of those elders.
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5. As per the charge sheet records themselves
when Sudha committed suicide, the accused Nos. 1 3
were not there in that house. Accused No.1 was working
as driver in Bengaluru and accused No.3 was living with
him. The statement of Sri. Vijaya Kumar (neighbor of
the victim) as well as the accused No.2 shows that even
the second accused was not there at the house when
the victim committed suicide. Therefore, at this stage,
except the statement of relatives of the victim, there is
no evidence of independent witnesses to speak
regarding the cruelty or demand for dowry soon before
death.
Having regard to the facts and circumstances,
petition is allowed. Petitioners are granted bail in Crime
No.64/2017 of Panchanahalli Police Station, Kadur
Taluk. They shall be released on bail subject to the
following conditions:
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i) The petitioners shall execute personal
bond of Rs.25,000/- (Rupees Twenty
Five Thousand only) and furnish one
surety in the like sum to the
satisfaction of the jurisdictional
Magistrate.
ii) The petitioners shall appear before the
Court regularly and co-operate for the
trial.
iii) The petitioners shall not tamper the
prosecution witnesses by threats,
inducement or otherwise.
SD/-
JUDGE
NC/AV
