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Sri. Thimmaiah vs State Of Karnataka on 8 July, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF JULY, 2019

BEFORE

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

CRIMINAL PETITION No. 3264/2019

Between:

Sri. Thammaiah
S/o. Sri. Kumara
Aged about 30 years,
R/at Baby Village,
Chinakurali Hobli,
Pandavapura Taluk,
Mandya District 571 455.
… Petitioner

(By Sri. C. R. Gopalaswamy, Advocate)

And:

State of Karnataka
By Pandavapura Police Station
Represented by Public Prosecutor
State Public Prosecutor
High Court Building,
Bengaluru 560 001.
…Respondent
(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,
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pending on the file of the Civil Judge JMFC, Pandavapura,
Mandya District.

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.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.

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.
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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

aforestated.

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.
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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

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.

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(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.

(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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