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Judgments of Supreme Court of India and High Courts

Thangela Raghavendra vs State Of Karnataka on 19 July, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF JULY 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.5099 OF 2018

BETWEEN

Thangela Raghavendra,
S/o. Thangela Konda Reddy,
Aged about 28 years,
R/at No.1227, 43rd Cross,
5th Block, HBR Layout,
Kalyan Nagar Post
Bengaluru-560043.
…Petitioner
(By Sri.Vikas M., Advocate)

AND

State of Karnataka
By Hennur Police Station
By State Public Prosecutor
High Court Building
Bengaluru-560001.
…Respondent
(By Sri. Chetan Desai, HCGP)

This Criminal Petition is filed under Section 439 of
Criminal Procedure Code praying to enlarge the petitioner
on bail in Crime No.251/2017(S.C.No.1349/2017) of
Hennur Police Station, Bangalore, for the offence
punishable under Sections 498A, 304B read with 34 of IPC
and Sections 3, 4 of D.P. Act.
2

This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

The petitioner is accused No.1 in S.C.No.1349/2017

on the file of Addl. City Civil and Sessions Judge,

Bengaluru (CCH-72). The respondent police have

registered a case against the petitioner and other accused

for the offences punishable under Sections 498A, 304B

read with Section 34 IPC and Section 3 and 4 of Dowry

Prohibition Act.

2. Heard the petitioner’s counsel and the learned

High Court Government Pleader.

3. The complainant is one D. Papireddy, father of the

deceased. The 1st accused i.e., the petitioner is the

husband of the deceased. Their marriage took place on

26.02.2016. Petitioner’s wife died on 07.07.2017. The

complaint discloses harassment meted out to the deceased

for additional dowry, and also there are allegations that
3

she was subjected to sexual harassment. The petitioner

herein moved this court seeking bail by filing

Crl.P.No.8419/2017. By the time he applied for bail,

investigation had been completed. This court after

perusing the charge sheet came to conclusion that there

were prima facie materials against the petitioner and

rejected the bail.

4. The learned counsel submits that another

accused i.e., the brother of the petitioner also applied for

bail. His petition was rejected and he approached the

Hon’ble Supreme Court by filing Special Leave Petition

(criminal) No.4303/2018. He submits that since the

Hon’ble Supreme Court granted interim bail to accused

No.2, the petitioner herein i.e., Accused No.1 is also

entitled to be released on bail on parity ground.

5. It is to be stated that the Hon’ble Supreme Court

has not yet decided the Special Leave Petition. If interim

bail has been granted to accused No.2 by the Hon’ble

Supreme Court, I do not think parity can be applied.
4

Moreover when this court dismissed the petition

Crl.P.8419/2017, he did not approach the Supreme Court.

The petition does not disclose any other ground which

constitutes changed circumstance to admit him to bail.

Therefore petition is dismissed.

SD/-

JUDGE

sd

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