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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.3541/2017
Between:
Sri Vijay Kumar @ Kumar
S/o.Manjachari
Aged about 33 years
No.24, 3rd Cross
3rd A-Main, Preethi Nagar
Laggere, Bengaluru-560 058 …. PETITIONER
(By Sri Mohan Kumar.D. Advocate)
And:
State of Karnataka
By its Rajagopalanagara
Police Station,
Bengaluru-560 058
Reptd by Public Prosecutor
High Court Complex,
Bengaluru-560 001 … RESPONDENT
(By Sri Chetan Desai,HCGP)
This criminal petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.132/2016 (SC.No.694/2016) of Rajagopal Nagar
Police Station, Bangalore for the offence p/u/Ss. 498A,
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304B read with Section 34 of IPC and Sections 3, 4 of
D.P. Act and Sections 2(v), 3 of SC/ST Act.
This criminal petition coming on for orders this
day, the court made the following:
ORDER
Heard the learned counsel for the petitioner and
the learned High Court Government Pleader for the
respondent-State.
2. Complaint in Crime No.132/2016 has been
registered against the petitioner at Rajagopal Nagar
Police Station for the offences punishable under
Sections 498A, 304B read with Section 34 of IPC and
Sections 3, 4 of Dowry Prohibition Act and Sections 2(v)
and 3 of SC/ST Act.
3. The complaint discloses that there was a
love affair between the petitioner and the deceased Rani.
They married thereafter. After the marriage, there arose
difference between them when the accused started
saying that she did not bring dowry from her house and
that he married her in spite of knowing that she
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belonged to Scheduled Caste. In this background, the
deceased used to be ill-treated and harassed. On
21.2.2016 at about 11.00 pm, one Chowdamma
telephoned to the complainant and informed that the
petitioner assaulted the deceased and stamped on her
neck. On 22.2.2016 at about 4.00 pm, the petitioner
himself made a telephone call to complainant’s cousin,
namely Venkatesh and told that Rani had died.
Immediately, the complainant and his relatives went to
Laggere where they were living and saw the dead body
of Rani. He saw hand mark on the neck of the
deceased.
4. The Sessions Court has rejected the bail.
The petitioner has been in custody for one year. The
investigation is completed and charge sheet is filed. It is
stated that the petitioner has got two small children to
be looked after. Since the investigation is completed
and charge sheet is filed, I am of the opinion that the
petitioner can be granted bail. Hence, the following:
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ORDER
Petition is allowed on the following conditions:
1) The petitioner is released on bail on
executing self-bond for a sum of
Rs.1,00,000/- with two sureties for the
likesum to the satisfaction of the Sessions
Court.
2) He shall cooperate with the Investigating
Officer during the investigation.
3) He shall not directly or indirectly threaten
the witnesses and destroy the evidence.
4) He shall not involve in any criminal
activities.
Sd/-
JUDGE
bkm
