Karnataka High Court
Shivakumar vs The State Of Karnataka on 10 August, 2017
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.4948 OF 2017
BETWEEN:
Shivakumar
S/o Papanna,
Aged avout 32 years,
Mason,
R/o Valmiki Nagara,
Challakere Town,
Chitradurga District - 577 522.
...Petitioner
(By Sri.Dinesh Kumar Rao.K, Advocate)
AND:
The State of Karnataka by
Challakere Police Station,
Chitradurga district - 577 522.
...Respondent
(By Sri.S.Vishwamurthy, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.179/2017 of Challakere Police Station,
Chitradurge for the offence P/U/S 498(A), 304(B) R/W
34 of IPC and Sections 3 and 4 of D.P.Act, 1961 and etc.
This Criminal Petition is coming on for order this
day, the Court made the following:
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ORDER
Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent.
2. During the pendency of this petition, petitioner along with his family members (seven others) is charge sheeted for the offences punishable under Sections 498(A), 304(B) R/W 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
3. The allegation is this petitioner/accused No.1 married deceased on 14.11.2013 as per the custom and got 2 issues from the marriage. One and half years after the marriage the accused persons pestered the deceased for money and sent her to parents house. However, her parents took her to marital home and advised her husband. 15 days prior to the incident, the accused teased the deceased and her parents for not giving dowry and for not gifting gold jewellery for 3 tonsure ceremony of grand children. Unable to bear with their harassment, deceased committed suicide by hanging herself in the matrimonial house on 18.04.2017.
4. Since the entire allegation needs to be established on circumstantial evidence and having regard to the nature of the allegation, there is no impediment to allow the petition.
5. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No. 179/2017 registered by the respondent-Police, subject to following conditions,
(i) He shall execute a self bond for Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court. The concerned court while accepting the surety bonds, shall examine the original title deeds pertaining to the properties, identity card and aadhar card of the surety. 4
(ii) He shall not threaten or prevail upon the prosecution witnesses.
(iii) He shall attend the Court on all hearing dates regularly.
Sd/-
JUDGE AKV