IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.10104/2017 BETWEEN RAJESH AGED 27 YEARS S/O LATE SRINIVAS No.1315, 7TH CROSS, 5TH MAIN TRIVENI ROAD, YESHWANTHAPURA, BENGLAURU- 560 022 ..PETITIONER (BY SRI S G BHAGAVAN, ADVOCATE) AND:
THE STATE OF KARNATAKA BY THE POLICE SUB-INSPECTOR YESHWANTHAPURA POLICE STATION, YESHWANTHAPURA, BENGALURU-560 022. ..RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.331/2017 (C.C.NO.27713/2017) OF YESHWANTHAPURA P.S., BANGALORE FOR THE OFFENCE P/U/S 498A,304B R/W 34 OF IPC AND SECTION 3 and 4 OF DOWRY PROHIBITION ACT, 1961.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioner and respondent.
2. Wife of the petitioner committed suicide in the parental house at Yeshwanthpur, Bengaluru. Her marriage with the petitioner –Rajesh was performed on 13.12.2015 at Bengaluru. Spouses have got male child through their marriage. It is stated that complainant’s daughter Chandrika was subjected to cruelty and torture by petitioner’s mother, brother and maternal uncle.
3. The matter was investigated and final report came to be filed. It is also stated that the victim was subjected to dowry harassment and her life was mystified by accused persons. However, maternal uncle of the petitioner- accused No.4 in the FIR was not sent to trial. Petitioner has been in judicial custody for 119 days to be precise. There is no compliant of interference with the investigation. Learned District Judge rejected the bail application of petitioner on 18.12.2017. Now the investigation is completed and there is no complaint of tampering the evidence. The mother, brother and maternal uncle of the petitioner were granted anticipatory bail by the Trial Court.
4. In the context and circumstances, considering the stay of the petitioner in judicial custody, it is just and proper to grant bail to the petitioner. The apprehension of the respondent can be resolved by imposing suitable conditions.
5. Hence, the criminal petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.331/2017 (C.C.No.27713/2017) registered by Yeshwathapura Police Station, Bengaluru, subject to the following conditions:
i) The petitioner-accused shall execute a personal bond for a sum of `2,00,000/- with a solvent surety owning and possessing immovable properties for the likesum.
ii) The petitioner shall not terrorize the witnesses or tamper with the prosecution evidence.
iii) The petitioner shall not leave territory of the trial court without prior permission till the completion of the trial.
iv)The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on first Saturday of each month till the disposal of the case.
Sd/- JUDGE SBN