Chandra T @ Chandranaika vs The State Of Karnataka By on 12 June, 2017

[Cites 5, Cited by 3]

Karnataka High Court

Chandra T @ Chandranaika vs The State Of Karnataka By on 12 June, 2017

Bench: Rathnakala

                             1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF JUNE, 2017

                         BEFORE

       THE HON' BLE MRS. JUSTICE RATHNAKALA


        CRIMINAL PETITION NO.3101 OF 2017

BETWEEN:

Chandra T @ Chandranaika
S/o Thyavaranaik
Aged about 30 years
Prop. Of Balaji Communications
R/o Karehalli Thanda
Bhadravathi Taluk-577301                      ... Petitioner

(By Sri B.S.Prasad, Advocate)

AND:

The State of Karnataka by
Paper Town Police Station
Bhadravathi
Represented by SPP
High Court of Karnataka
Bengaluru - 560 001                        ... Respondent

(By Sri Chetan Desai, HCGP)

       This criminal petition is filed under section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.188/2016 of Paper Town police station,
                            2




Bhadravathi, Shivamogga District, for the offence p/u/s
304B r/w 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act, 1961.

     This criminal petition coming on for orders this
day, the Court made the following:

                         ORDER

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

2. The petitioner along with his two siblings is charge sheeted by the respondent-police in respect of the offence under Section 304B read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act, 1961.

3. The allegation of the prosecution is, the petitioner/accused forced his wife/deceased to get dowry from her parents' house, otherwise he would go for second marriage. Agonized by physical and mental torture inflicted on her by the accused, the deceased 3 committed suicide in the matrimonial home by hanging herself on 06.12.2016.

4. Investigation having been complete, the allegation since have to be established by way of substantial evidence, there is no impediment to allow the petition. Hence, the petition is allowed.

Petitioner is enlarged on bail in Crime No.188/2016 registered by the respondent-Police, subject to following conditions:

(i) He shall execute a self bond for a sum of Rs.1,00,000/- (One Lakh only) with one surety for the likesum to the satisfaction of the concerned Court. The surety shall produce his/her Aadhar Card/Identity Card and the original title deed pertaining to his/her immovable property/ies for perusal of the Court.

(ii) He shall attend the Court regularly on all hearing dates;

(iii) He shall not prevail upon or threaten/terrorize the prosecution witnesses.

Sd/-

JUDGE KMV*

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