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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2019
BEFORE
THE HON’BLE MR.JUSTICE K. N. PHANEENDRA
CRL.P. NO.7771/2019
BETWEEN
1. SUNANDA.S
W/O S. BASAVARAJU
AGED ABOUT 45 YEARS
2. S. BASAVARAJU
S/O SHIVANNA
AGED ABOUT 55 YEARS
3. B. VINOD KUMAR
S/O S. BASAVARAJU
AGED ABOUT 27 YEARS
4. VINEETH KUMAR. B
S/O S. BASAVARAJU
AGED ABOUT 19 YEARS
ALL ARE RESIDING AT
NO.22/2-1, G NO. 8TH STREET
JOGUPALYA, H.A.L II STAGE
BENGALURU NORTH
BENGALURU – 560 008
… PETITIONERS
(BY SRI. VIJAY SHETTY. B, ADVOCATE)
AND
STATE OF KARNATAKA
BY PUTTENAHALLI POLICE STATION
BENGALURU – 560 078
REP. BY THE GOVERNMENT ADVOCATE
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HIGH COURT BUILDING
BENGALURU – 560 001 … RESPONDENT
(BY SRI. ROHITH B.J, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C PRAYING TO ENLARGE THE
PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST
IN CR.NO.210/2019 REGISTERED BY PUTTENAHALLI
POLICE STATION, BENGALURU FOR THE OFFENCE
P/U/Ss.498A, 304B AND 506 R/W 34 OF SectionIPC AND
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard the learned counsel for the petitioners and
the learned HCGP for the Respondent -State. Perused
the records.
2. The petitioners are arraigned as Accused
Nos. 2 to 5 in Crime No. 210/2019 of Puttenahalli Police
Station, Bengaluru for the offence punishable under
Sections 498A, Section304(B) and Section506 r/w 34 of SectionIPC and
Sections 3 Section4 of Dowry Prohibition Act, now pending
before the Court of LXXI Additional City Civil and
Sessions Judge at Bengaluru (CCH.72).
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3. There is no dispute that the deceased
Sushmitha was given in marriage to Accused No.1. It is
alleged that, at the time of marriage, the petitioners
have taken some gold and silver articles in
consideration of the marriage. Even after the marriage,
they started harassing and ill-treating the deceased, on
the ground that, the parents of the victim have not
given site and car as agreed by them at the time of
marriage etc. In that context, it is stated that the
deceased and her husband started living separately in
J.P. Nagar. It is alleged that, in spite of that the
accused persons were telling the deceased that they will
not leave her even though she go away from them and
live separately with her husband. After they parted
themselves from the family and started living in JP
Nagar, it appears Accused No.1 has given the address of
his house at J.P. Nagar. Therefore, suspecting that the
petitioners may come to their house and harass her
again, it appears, the deceased committed suicide in the
house, where herself and her husband were living. On
the above said allegations a complaint came to be
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lodged and the police started investigation in the
matter.
4. From the complaint averments, it is clear
that the petitioners were residing separately and
Accused No.1 and the deceased were residing
separately. At present, there is no material available
on record to show that, at any point of time, these
petitioners went to the house of Accused No.1 at J.P.
Nagar, where the deceased was residing with her
husband and they have abused the deceased or they
have given any threat to her life. Therefore, in the
facts and circumstances of this case, in my opinion, the
petitioners (A2 to A5) are entitled to be enlarged on bail
on certain conditions. Hence, the following,-
ORDER
The Petition is allowed. Consequently, the
petitioners (A2 to A5) shall be released on bail in
connection with in Crime No. 210/2019 of Puttenahalli
Police Station, Bengaluru, for the alleged offences,
subject to the following conditions:-
(i) Each of the petitioners (A2 to A5) shall
execute their personal bond for a sum of
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Rs.1,00,000/- (Rupees One Lakh only) with one
surety for the like-sum to the satisfaction of the
jurisdictional Court.
(ii) The petitioners (A2 to A5) shall not tamper
the prosecution witnesses.
(iii) The petitioners (A2 to A5) shall appear
before the jurisdictional Court on all future
hearing dates unless exempted by the Court for
any genuine cause.
(iv) The petitioners (A2 to A5) shall not leave
the jurisdiction of the trial Court without prior
permission, till the case registered against them is
disposed of.
v) The petitioner Nos. 2 to 4 (A3 to A5) shall
mark their attendance once in a week ie., on
every Sunday between 10.00 am and 5.00 p.m.,
till filing of the charge sheet or for a period of
two months, whichever is earlier.
Sd/-
JUDGE
KGR*