CRL.P No.7540/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2018
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.7540 OF 2018
BETWEEN
SRI S SURESH
S/O SEENAPPA
AGED ABOUT 25 YEARS
R/AT NO.201, WATER TANK
KADUSONNAPPANAHALLI
KANNUR, BIDARAHALLI HOBLI
BENGALURU EAST TALUK
BENGALURU PIN- 562 149.
…PETITIONER
(BY SHRI. DAYANANDA B. V., ADVOCATE )
AND
STATE BY HOSKOTE POLICE STATION,
REPRESENTED BY
PUBLIC PROSECUTOR
HIGH COURT,
BENGALURU PIN – 560 009.
…RESPONDENT
(BY SHRI. NASRULLA KHAN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR.No.444/2018 REGISTERED BY HOSAKOTE
POLICE STATION, BENGALURU DISTRICT FOR THE
CRL.P No.7540/2018
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OFFENCES PUNISHABLE UNDER SECTIONS 498(A) AND
306 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is accused No.1 in Crime No.444/2018
of Hosakote Police Station. The said case is registered
against the petitioner and his mother Nagamma for the
offences punishable under Sections 498A and 306 IPC
on the basis of the complaint of Rathnamma.
2. It is alleged that the marriage of the petitioner
and victim Kavya was solemnized 11 months before
14.9.2018. It is alleged that petitioner subjected the
victim to physical and mental cruelty suspecting her
fidelity and ultimately abandoned her in her parental
house. Kavya committed suicide on 14.9.2018 in her
parental house at Hosakote by hanging herself.
3. Second accused has been granted anticipatory
bail. The death has occurred after three days after
petitioner dropping the deceased in her parental house.
CRL.P No.7540/2018
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Whether the alleged cruelty was to the extent of driving
victim to commit suicide has to be decided after trial.
4. The petitioner is in judicial custody since
15.9.2018. The statements of material witnesses are on
record. Under these circumstances, it is a fit case for
grant of bail with suitable conditions.
5. Therefore the petition is allowed. Petitioner is
granted bail in Crime No.444/2018 of Hosakote Police
Station, subject to the following conditions:
1) The petitioner shall execute personal bond
in a sum of Rs.25,000/- and furnish one
surety in the like-sum to the satisfaction of
the Magistrate/Court for his appearance;
2) He shall appear before the Investigating
Officer as well as the Court as and when
required for the purpose of enquiry /trial;
3) He shall not tamper the prosecution
witnesses by threats, inducement or
otherwise;
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4) He shall mark his attendance before the
Investigating Officer on every alternative
Sunday in his office till the matter is
committed to the Sessions Court.
Sd/-
JUDGE
tsn*