IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.9313/2018 BETWEEN Amaresh S/o Sangappa, Aged about 31 years R/at No.714, 5th Cross, Vivekananda Street, Udayanagar, Bangalore 560 047.
Permanent residential address Gorebaal, Sindanoor, Gorebel, Raichur, Karnataka-584128.
(By Sri. D C Parameshwaraiah, Adv.) AND State by Mahadevpura PS Rep by State Public Prosecutor, High Court of Karnataka, Bangalore-560 001.
(By Sri. K.P.Yoganna, HCGP) ... Petitioner ... Respondent This criminal petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.534/2018 of Mahadevapura Police Station, Bengaluru City for the offence P/U/S.304-B,498-A of IPC r/w Sec.3 and 4 of D.P.Act.
This criminal petition coming on for orders this day, the court made the following:
ORDER The petitioner has sought for enlarging him on bail in connection with his detention in Crime No.534/2018 with respect to the alleged offences punishable under Sections 304-B, 498-A of IPC r/w Sections 3 & 4 of the Dowry Prohibition Act.
2. The learned counsel for petitioner states that the deceased had committed suicide and that the complaint does not disclose demand for dowry in specific terms. It is stated that there are no eyewitnesses to the alleged incident and the case rests on circumstantial evidence. It is further stated that the question with regard to demand for dowry of Rs.3 Lakhs for purchase of site is not mentioned in the complaint and finds mention in 161 statement. It is stated that the question of involvement of petitioner in the commission of offence is a matter that is to be proved during trial.
3. It is noted that the petitioner had approached the learned Sessions Court seeking bail. However, the petition came to be dismissed on 29.11.2018 on the ground that investigation was not completed.
4. Taking note of the fact that investigation is now complete and also taking note of the fact that private witnesses are relative of the deceased, it would be a fit case to enlarge the petitioner on bail, that the case rest on circumstantial evidence. It is also to be noticed that petitioners are in judicial custody since 06.11.2018.
5. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C., is allowed, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with a surety for the likesum before the concerned Court.
(ii) The petitioner shall fully co-operate for expeditious disposal of the trial and shall not indulge in any criminal activities henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) The petitioner shall not go to the locality where the witness resides.
(v) Any violation of the aforementioned conditions by the petitioner shall result in automatic cancellation of bail.
Sd/- JUDGE Np/-