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T Rudresh @ Rudreshappa vs The State Of Karnataka By on 20 December, 2018

CRL.P.NO.6842/2018
1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF DECEMBER 2018

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.6842 OF 2018

BETWEEN:

T. Rudresh @ Rudreshappa,
S/o. Thirthalingappa,
Aged about 35 years,
Agriculturist,
R/o Belagutti Village,
Nyamathi Taluk,
Davanagere – 577 223. …Petitioner

(By Sri. M.S. Shyam Sundar, Advocate for
Sri. Prasanna Kumar S., Advocate)

AND:

The State of Karnataka
By Nyamathi Police
Represented by Special Public Prosecutor,
High Court of Karnataka,
At Bengaluru – 560 001. …Respondent

(By Smt. Namitha Mahesh B.G., HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.132/2018 of Nyamathi Police Station,
Davanagere, for the offences punishable under Sections
CRL.P.NO.6842/2018
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498A, 307, 304B, 302, 201, 506 r/w 34 of IPC and
Sections 3 and 4 of Dowry Prohibition Act.

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

ORDER

Petitioner is accused No.1 in Crime No.132/2018

of Nyamathi Police Station. Petitioner and his mother

were charge sheeted in the said case for the offences

punishable under Sections 498A, 304B, 306, 506, 201,

324, 176 r/w Section 34 of IPC and Sections 3 and 4 of

Dowry Prohibition Act.

2. Victim Sudha was married to the petitioner

on 11.05.2015. CW-7 the younger sister of Sudha was

married to the petitioner’s younger brother and they

were all living in the same house. Petitioner and Sudha

have a daughter aged 02 years. On 21.06.2018 Sudha

died. On the same day cremation of Sudha was

conducted.

CRL.P.NO.6842/2018
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3. Sudha’s father filed a complaint on

30.06.2018 alleging that he suspects something foul in

his daughter’s death. On investigation the petitioner

and his mother were charge sheeted as aforesaid.

4. It is alleged that petitioner and his mother

subjected Sudha and CW-7 to physical and mental

cruelty in connection with their demand for dowry and

therefore Sudha has committed suicide.

5. The complainant claims that after their

return from funeral CW-7 revealed him about the

cruelty of the accused and Sudha dying unnatural

death.

6. The statements of the witnesses available in

the charge sheet clearly show that the death was

suicidal one. The complainant and village elders who

are the charge sheet witnesses held a negotiation to

settle the matter. However, later complaint is filed.

CRL.P.NO.6842/2018
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7. Even as per the statement of CW-7 the

petitioner beat the victim on 10.06.2018. After that

incident CW-7 and victim came back to the house of the

complainant and Sudha returned to her matrimonial

home on her own.

8. It is no doubt true that there is prima-facie

lapse on the part of the petitioner in not reporting

unnatural death to the police. But, the said offence is

punishable with imprisonment of one month only. Even

the father had not reported the death.

9. CW-1 says that his another daughter CW-7

and grand daughter had to live in the same house,

therefore, he delayed filing the complaint. If the cruelty

by the accused was to the extent of causing injury to

the life, it becomes difficult to comprehend that he

thinks of his another daughter and grand daughter

continuing to stay in the same house of the accused.

CRL.P.NO.6842/2018
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10. Prosecution may have to dispel these aspects

at a full fledged trial. However, if bail is granted, CW-7

the material witness and the petitioner may have to live

in the same house and that apprehension can be

remedied by imposing suitable conditions. Therefore,

the petition is allowed.

Petitioner is granted bail in Crime No.132/2018

of Nyamathi Police Station, Davanagere, subject to the

following conditions:

1) He shall execute personal bond in a sum
of Rs.50,000/- and furnish two sureties
in the like-sum to the satisfaction of the
concerned Court for his appearance;

2) He shall appear before the Court as and
when required for the purpose of trial;

3) He shall not tamper the prosecution
witnesses in any manner;

4) Till the evidence of CW-7 is completed
before the trial Court, petitioner shall
not visit to Belaguthi Village.

Sd/-

JUDGE

SV

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