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Venkatesh vs State By Rajagopalnagar Police … on 25 March, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF MARCH, 2019

BEFORE

THE HON’BLE MR. JUSTICE B.A. PATIL

CRIMINAL PETITION No.6155/2018

BETWEEN:

Venkatesh
S/o Late Krishnappa,
Aged about 32 years,
R/at No.433/3, 3rd Cross,
15th Main, Sanjeevininagar,
Near Neelakanteshwara Temple,
Hegganahalli,
Bengaluru-560 091. …Petitioner

(By Sri M. N. Ningaraja, Advocate)

AND:

State by Rajagopalnagar Police Station,
Bengaluru City,
By its State Public Prosecutor,
High Court Complex,
Bengaluru-560 001. ….Respondent

(By Sri M. Divakar Maddur, HCGP)

This Criminal Petition is filed under section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.1013/2017 (S.C.No.608/2018) of Rajagopalnagar
Police Station, Bengaluru for the offence P/U/S 498A,
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304B 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

The present petition has been filed by the petitioner-

accused No.1 under Section 439 of Cr.P.C to release him

on bail in Crime No.1013/2017 of Rajgopalnagar Police

Station, Beengaluru (S.C.No.608/2018) for the offences

punishable under Sections 498A, 304B read with Section

34 of IPC and Sections 3 and 4 of Dowry Prohibition Act,

1961.

2. I have heard the learned counsel for the

petitioner-accused No.2 and the learned High Court

Government Pleader for respondent-State.

3. The gist of the complaint is that the daughter

of the complainant got married with accused No.1 on

10.11.2013 by giving 30 gms. gold and cash to the

petitioner-accused No.1. Thereafter, the accused persons
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used to harass the deceased both mentally and physically

to bring more dowry. It is further alleged that petitioner-

accused No.1 was also insisting the deceased to go and

work, accordingly, she started working. It is further

alleged that the said ill-treatment and harassment

continued. Petitioner-accused No.1 used to draw the

money from ATM card of the deceased and torture her. It

is further alleged that because of ill-treatment and

harassment, the deceased lodged a complaint in

Rajgopalnagar Police Station and the matter was

compromised. Thereafter, again the petitioner-accused

No.1 started ill-treating and harassing the deceased. On

12.11.2017, the complainant left the deceased to her

matrimonial home and after half an hour one Kumar had

called the complainant and informed that the deceased

was sitting outside the house and they did not allow her to

enter the house. Thereafter, they called the complainant

and informed to bring 30 to 40 thousand to Mallige

Nursing Home at Hegganahalli and again at about 12.00
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PM, the petitioner-accused No.1 informed the complainant

that the deceased has been succumbed to the death and

told to come near the nice road. When the complainant

went and noticed that the deceased died by consuming

alcohol and injury was also found on the dead body. On

the basis of the complaint, a case has been registered.

4. It is the submission of the learned counsel for

the petitioner-accused No.1 that petitioner-accused No.1

is innocent and he has not involved in the said crime. He

further submitted that already accused Nos.2 to 6 have

been released on bail. On the ground of parity, petitioner-

accused No.1 is also entitled to be released on bail. He

further submitted that already charge sheet has been filed

and petitioner-accused No.1 is not required for further

investigation or interrogation. The petitioner-accused

No.1 is ready to abide by any of the terms and conditions

that may be imposed by this Court and also ready to offer

sureties, if he is released on bail. On these grounds, he
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prayed to allow the petition and to release petitioner-

accused No.1 on bail.

5. Per contra, learned High Court Government

Pleader vehemently argued and submitted that petitioner-

accused No.1 has ill-treated and harassed for demand of

dowry. There is ample material to show that the

petitioner-accused No.1 has caused grievous injuries and

because of the ill-treatment and harassment, the deceased

died by consuming alcohol. He further submitted that

earlier to the death of the deceased, a complaint was also

registered before the Rajgopalnagar Police Station and the

matter was compromised. All these materials clearly goes

to show that the deceased has succumbed to the death

only because of the ill-treatment and harassment by the

petitioner-accused No.1. On these grounds, he prayed to

dismiss the petition.

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6. I have carefully and cautiously gone through

the submissions made by the learned counsel appearing

for the parties and perused the records.

7. The contents of the complaint and other

materials clearly goes to show that the petitioner-accused

No.1 used to assault with the stick which is used for

preparing the ragi ball. On the date of alleged incident,

petitioner-accused No.1 assaulted the deceased and at

that time the deceased called the complainant over the

phone and informed about the ill-treatment and

harassment by the petitioner-accused No.1. It is further

noticed that petitioner-accused No.1 has ill-treated and

harassed the deceased and the matter went up to

Rajgopalnagar Police Station and there, the matter was

compromised. Even the petitioner-accused No.1 used to

harass the deceased and used to draw the money from

ATM card and never used to pay the money back. Hence,

there is ample material to show that the petitioner-
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accused No.1 used to ill-treat and harass and demand to

bring more dowry.

8. Under the facts and circumstance, I feel that it

is not a case to release the petitioner-accused No.1 on

bail. Hence, petition stands dismissed.

Sd/-

JUDGE

HA/-

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