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Sri. T. Suresh vs State Of Karnataka on 26 July, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF JULY, 2019

BEFORE

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

CRIMINAL PETITION No.3260/2019

Between:

Sri T. Suresh,
S/o Late Thimmaiah,
Aged about 32 years,
R/at No.274, 2nd Cross,
2nd Main, Kanteerava Nagar,
Nandini Layout,
Bangalore – 560 031. … Petitioner

(By Sri Sathisha, Advocate)

And:

State of Karnataka,
Bengaluru City,
By Nandini Layout Police,
Represented by
Special Public Prosecutor,
High Court Complex,
Bangalore – 560 001. … Respondent

(By Sri K.P. Yoganna, HCGP)

This Criminal Petition is filed under Section 439 of the
Cr.P.C., praying to enlarge the petitioner on bail in Cr.
No.438/2018 of Nandini Layout Police Station, Bengaluru
City for the offences p/u/s 304(B) r/w Section 34 of IPC and
Sections 3 and 4 of D.P. Act.
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This Criminal Petition coming on for orders this day,
the Court, made the following:

ORDER

Petitioner is seeking to be enlarged on bail in

connection with his detention pursuant to the

proceedings in Crime No. 438/2018 for the offences

punishable under Sections 498A, Section304B of IPC read with

Section 34 of IPC and Sections 3 and Section4 of the Dowry

Prohibition Act.

2. The case of the prosecution is that the

daughter of the complainant (mother of the deceased)

has lodged a complaint stating that the petitioner had

married the complainant’s daughter and that ever since

the date of marriage, the petitioner’s family was

harassing the victim for dowry. It is stated that on

29.09.2018, the complainant received information that

her daughter was admitted to the hospital. After

finding out that her daughter had died, complaint was

lodged. On the basis of the complaint, FIR was
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registered, investigation is complete and charge sheet

has been filed.

3. Learned counsel for the petitioner states that

proof of offence is a matter for trial. It is admittedly case

of suicide and as to whether acts of harassment of the

petitioner led to the deceased committing suicide is a

matter to be established during trial. It is further

submitted that the petitioner is in custody since

30.09.2018. Taking note of the fact that the question as

to whether the harassment of the petitioner and other

family members led to the deceased committing suicide

is a matter to be proved during trial; that the petitioner

is in custody since 30.09.2018; that the investigation is

complete and charge sheet has been filed and the

present proceedings cannot be treated to be proceedings

for punishment, petitioner is entitled to be enlarged on

bail.

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4. Accordingly, the bail petition filed by the

petitioner under Sec. 439 of SectionCr.P.C. is allowed and the

petitioner is enlarged on bail in Crime No. 438/2018 for

the offences punishable under Sections 498A, Section304B of

IPC read with Section 34 of IPC and Sections 3 and Section4 of

the Dowry Prohibition Act, subject to the following

conditions:

(i) The petitioner shall execute a personal
bond of `1,00,000/- (Rupees one Lakh
only) with one surety for the likesum to
the satisfaction of the concerned Court.

(ii) The petitioner shall fully co-operate for
the expeditious disposal of the trial.

(iii) The petitioner shall not tamper with
evidence, influence in any way any
witness.

(iv) In the event of change of address, the
petitioner to inform the same to the
concerned SHO.

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(v) Any violation of the aforementioned
conditions by the petitioner, shall
result in cancellation of bail.

Any observation made herein shall not be taken as

an expression of opinion on the merits of the case.

Sd/-

JUDGE

VP

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