IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5470 OF 2017 BETWEEN:
Sri. Dinesh Raj S/o R. Sunder Raj, Aged about 23 years, Residing at No.10, 2nd Cross, Kanakadasa Layout, Lingarajapuram, Bengaluru – 560 084. ….PETITIONER. (By Shri. A. Nancy Prince., Advocate) AND:
State of Karnataka by Madhnayakanahalli Police Nelamangala, Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru – 01.
(By Shri. S.Vishwamurthy, HCGP) … RESPONDENT.
This Criminal petition is filed under Section 439 of the Cr.P,.C., praying to enlarge the petitioner on bail in Crime No.245/2017 of Madanayakanahally Police Station, Bengaluru District, for the offence P/U/S 498A, 304B R/w 34 of IPC.
This petition coming on for Orders this day, the court made the following:
ORDER The petitioner is accused in Crime No.245/2017 in respect of the offence punishable under Sections. 304-B, 498-A read with 34 of the IPC. He is in judicial custody.
2. The allegation is, petitioner was married to the deceased –Priya, aged 19 years, on 14/7/2016. At the time of marriage, dowry of Rs.2,00,000/-, gold, silver and other household articles were given by the parents of the deceased and 2-3 months thereafter petitioner and his mother started torturing the deceased for money. Though the parents of the deceased gave a gold chain to pacify them, still they persisted with the harassment. On 1/5/2017, the deceased informed her parents that she is harassed for dowry. She was brought to the maternal home on 29/05/2017. When she was alone in the house, she committed suicide by hanging herself.
3. Having regard to the nature of allegation, it does not warrant his continued judicial custody for the purpose of further investigation. The second accused is on bail.
4. The petition is allowed, subject to the following conditions:
i) The petitioner is enlarged on bail on executing a self bond for Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned court.
2) He shall appear before the investigating officer whenever called for during further course of investigation.
3) He shall not threaten or tamper the prosecution witnesses.
Sd/- JUDGE Msu