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Swamy Gowda vs The State Of Karnataka on 1 March, 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01ST DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.5598 OF 2017

BETWEEN:

Swamy Gowda,
S/o. Ramegowda,
Aged about 32 years,
R/at Alanahalli Village,
Periyapatna Taluk,
Mysuru District – 45.
… Petitioner
(By Sri.Pratheep K.C., Advocate)

AND

The State of Karnataka,
Represented by Periyapatna Police Station,
Mysuru District.
…Respondent
(By Sri. K. Nageshwarappa, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.127/2015 (S.C.No.306/2015) of Periyapatna Police
Station, Mysuru District, for the offence p/u/s 498A, 302
r/w 34 of IPC and Section 3 and 4 of Dowry Prohibition Act.
2

This Criminal Petition coming on for Orders this day,
the Court made the following:

ORDER

This petition is under Section 439 of Cr.P.C.

2. The 1st accused in S.C.No.306/2015 on the

file of the V Addl. District Sessions Judge, Mysuru,

has sought for bail. Briefly, the contents of the

complaint are that the complainant’s daughter Radha

was married to this petitioner. The marriage took place

at Dharmastala. After the marriage, the petitioner used

to harass his wife for bringing dowry from her parents

house. Being unable to bear the torture the petitioner’s

wife used to go to her parents house and stay there for

some time. The parents also made some efforts to

advise this petitioner. Once when the petitioner’s wife

had gone to her parents house being unable to bear the

torture, on 01.06.2015, the petitioner went to the

complainant’s house and took his wife back to his

house. On the same night, this petitioner and his
3

parents caused her death by strangulating her with a

rope.

3. The Sessions Court rejected the bail

application.

4. The learned counsel for the petitioner argues

that the other two accused have been released on bail.

Investigation is completed and the case is now

committed to the Sessions Court for trial. The

petitioner is ready to abide by any condition that may be

imposed on him and therefore this petition be allowed.

5. The HCGP opposes the grant of bail by

arguing that this petitioner is the main accused and in

the complaint there are allegations of demanding dowry

and subjecting the deceased to harassment.

6. On perusing the complaint and other

materials placed before the Court, it is found that there

are no eye-witnesses to the incident. The entire case
4

rests on circumstantial evidence. Therefore, the

prosecution has to prove all the circumstances. Since,

the case is already committed to the Sessions Court and

that the other two accused have been released on bail, I

find that this accused is also entitled to bail on the

ground of parity. Therefore, the following:

ORDER

Petition is allowed.

Petitioner shall be released on bail on obtaining

from him a bond for Rs.1,00,000/- (Rupees one lakh

only) and two sureties for the likesum to the satisfaction

of the trial Judge. The petitioner is subjected to the

following conditions:

1) He shall regularly appear before the Court
during trial.

2) He shall not threaten the witnesses and
tamper the prosecution evidence.

Sd/-

JUDGE
sv

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