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Sunil Kumar vs The State Of Karnataka on 16 July, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF JULY 2019

BEFORE

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

CRIMINAL PETITION No.3514/2019

Between:

Sunil Kumar,
S/o Siddaraju,
Aged about 31 years,
C/o Dayananda,
Behind Shanimahathma Temple,
Garden Road,
Tumakuru – 572 101. … Petitioner

(By Sri A.N. Radha Krishna, Advocate)

And:

The State of Karnataka,
By Women Police Station,
Tumakuru,
Rep. by the State Public Prosecutor,
High Court Buildings,
Bengaluru – 560 001. … Respondent

(By Sri K.P. Yoganna, HCGP)

This Criminal Petition is filed under Section 438 of the
Cr.P.C., praying to enlarge the petitioner in the event of his
arrest in Cr. No.43/2019 of Women Police Station,
Tumakuru District for the offences p/u/s 498A, 323, 312,
307, 354, 504, 506 r/w 34 of SectionIPC and Sections 3, 4 of D.P.
Act.
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This Criminal Petition coming on for Orders this day,
the Court, made the following:

ORDER

The petitioner is seeking to be enlarged on bail in

the event of his arrest pursuant to the proceedings to be

initiated in Crime No.43/2019 for the offences

punishable under Sections 498A, Section323, Section312, Section307, Section354,

Section504, Section506 read with Section 34 of IPC.

2. The case that is made out by the

complainant is that the complainant had married the

petitioner on 27.11.2016. It is further stated that the

complainant’s family had paid amount to the petitioner

and his family and had also given gold ornaments and

silver items. It is further stated that there were

repeated demands for dowry. It is also stated that the

petitioner had conceived and there was termination of

pregnancy against her will.

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3. It is stated that on 7.3.2019 when the

complainant had gone to the market to bring vegetables

and was back, she noticed that the house was filled

with Liquefied Petroleum Gas (LPG) and the petitioner

had stated that he wanted to do away with the

complainant and hence, he had resorted to such an act.

4. On 28.3.2019, there was another altercation

and it stated that the complainant went back to her

native place. A complaint came to be filed and FIR has

been registered and investigation is in progress.

5. Learned counsel for the petitioner states that

due to differences of opinion that have cropped up in

the matrimonial relationship, M.C.No.101./2019 came

to be filed on 8/9.4.2019 and upon dispatch of notice,

the complainant having come to know with respect to

the said proceeding as a counterblast has filed the

present complaint. It is further contended that the
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complaint is mala fide and proof of offence is a matter

for trial.

6. Learned High Court Government Pleader

appearing for the respondent – State however opposes

grant of bail.

7. Taking note of the differences of opinion

between the petitioner and the complainant and that on

previous occasion, matters were resolved by way of

compromise entered into in M.C.No.101/2019 and

noticing that proof of offence is a matter for trial, the

petitioner could be enlarged on bail by imposing

necessary conditions, i.e., to ensure co-operation during

the trial. Hence, the petitioner is entitled to be enlarged

on bail, subject to conditions.

8. It is also to be noted that accused Nos.2 and

3, who are parents of the petitioner have been enlarged

on bail under Section 438 of Cr.P.C.

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9. In the result, the bail petition filed by the

petitioner under Section 438 of Cr.P.C. is allowed and

the petitioner is enlarged on bail in the event of his

arrest in Crime No.43/2019 Sections 498A, Section323, Section312,

Section307, Section354, Section504, Section506 read with Section 34 of IPC, subject

to the following conditions:-

(i) The petitioner shall appear in person
before the Investigating Officer in
connection with Crime No.43/2019
within 15 days from the date of release
of the order and shall execute a
personal bond for a sum of `1,00,000/-
(Rupees One Lakh only) with a surety for
the likesum to the satisfaction of the
Investigating Officer.

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

(iii) The petitioner shall physically present
himself and mark his attendance
before the concerned Station House
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Officer once in a week between 10.00
a.m. and 5.00 p.m., till filing of the
final report.

(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

VGR

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