IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2019
THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No. 3264/2019
S/o. Sri. Kumara
Aged about 30 years,
R/at Baby Village,
Mandya District 571 455.
(By Sri. C. R. Gopalaswamy, Advocate)
State of Karnataka
By Pandavapura Police Station
Represented by Public Prosecutor
State Public Prosecutor
High Court Building,
Bengaluru 560 001.
(By Sri. S. Rachaiah, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to release the petitioner on bail I Crime
No.53/2019 of Pandavapura Police Station for the offences
punishable under Sections 498A, Section304B read with Section 34
of IPC and Sections 3 and Section4 of the Dowry Prohibition Act,
pending on the file of the Civil Judge JMFC, Pandavapura,
This Criminal Petition coming on for orders this day,
the Court, made the following:
Petitioner is seeking to be enlarged on bail in
connection with his detention pursuant to the
proceedings in Crime No.53/2019 for the offences
punishable under Sections 201, Section498A, Section304B read with
Section 34 of IPC and Sections 3 and Section4 of the Dowry
2. The case of the prosecution is that a
complaint was filed by the father of the deceased stating
that on 21.02.2019 complainant received an
information that his daughter had committed suicide by
hanging. It is further stated that the deceased had
married the petitioner on 10.11.2016 and though
amount was paid in the form of dowry at the time of
marriage, there was harassment subsequently for
additional dowry in the form of gold ornaments.
Accordingly, it is stated that the deceased was driven to
commit suicide. On the basis of the complaint, FIR had
been lodged in Crime No.53/2019 for the offences as
3. Learned counsel for the petitioner states that
the other accused are enlarged on anticipatory bail and
contends that as investigation is complete and charge
sheet has been filed, continuation of detention of the
petitioner would not be required as custodial
interrogation is complete and the present proceedings
cannot be treated to be punitive in nature.
4. It is noticed that the petitioner is in custody
since 19.3.2019, investigation is complete and charge
sheet has been filed. Question as to whether the
petitioner has committed the offence as alleged is a
matter to be proved during trial. Present proceedings
cannot be considered to be proceedings for punishment.
5. The Sessions Court had rejected the bail
application of petitioner observing that charge sheet was
not filed. However, it is noticed that investigation is
complete and charge sheet has been filed. Also noting
that the other accused are enlarged on anticipatory bail,
petitioner is entitled to be enlarged on bail.
6. 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.53/2019 for
the offences punishable under Sections 201, Section498A,
Section304B read with Section 34 of IPC and Sections 3 and Section4
of the Dowry Prohibition Act, subject to the following
(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
(iv) In the event of change of address, the
petitioner to inform the same to the
(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.