Allowed

Sri. Sharathkumar v. the State of Karnataka

Karnataka HC10 Jul 2020CRL.P/2885/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the bail petition filed under Section 439 CrPC for the offences of dowry death (304B IPC), cruelty (498A IPC), and deprivation of dowry (Sections 3, 4 Dowry Prohibition Act).

What did the court decide?

Petitioner enlarged on bail on personal bond of Rs. 1,00,000/- with two sureties, subject to specific conditions including appearance and non-interference with witnesses.

Sri. Sharathkumar Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY 2020

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BEFORE

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THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

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CRIMINAL PETITION NO.2885 OF 2020

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BETWEEN:

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SRI. SHARATHKUMAR S/O BYRAVA ALIAS BYRAPPA, AGED ABOUT 31 YEARS, R/AT. NO.2395/B, ANJANEYA HOMES, FLAT NO.102, 2^ND STAGE, KUMARSWAMY LAYOUT, BENGALURU-560078.

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... PETITIONER

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(BY SRI. MADHUKAR. M. DESHPANDE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU, REP BY ITS GOVERNMENT PLEADER, HIGH COURT COMPLEX, BENGALURU-560 001. RESPONDENT

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(BY SRI. MAHESH SHETTY, HIGH COURT GOVERNMENT PLEADER)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961 READ WITH SECTION 304B, 34 AND 498A OF THE INDIAN PENAL CODE, 1860 IN C.C. No.5675/2020 (CRIME NO.35/2020) FILED BY ANNAPOORNESHWARI NAGAR POLICE STATION PENDING ON THE FILE OF V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN THE INTEREST OF JUSTICE.

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THIS CRIMINAL PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION THROUGH VIDEO CONFERENCING THIS DAY, THE COURT PASSED THE FOLLOWING:-

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ORDER

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This petition is filed under Section 439 of the Criminal Procedure Code for enlargement of the petitioner in Crime No.35/2020 registered by Annapoorneshwari Nagar Police Station, Bengaluru, pending in C.C. No.5675/2020 on the file of V Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 304B, 498A read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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The petition filed by the petitioner earlier

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before this Court in Criminal Petition No.2215/2020 was rejected by this Court by order dated 28^th May 2020.

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The charge sheet was filed on 21.05.2020 arraigning the petitioner herein as accused No.1.

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It is set out in the report by the complainant –

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CW.1 to the Police that her daughter had committed suicide in the house of her parents and before committing the act, she had sent a whatsApp message to her mother and her brother. The Police have recovered the mobile and have filed 65-B statement along with the charge sheet extracting the message that was sent by the deceased prior to she committing suicide. The statements of the brothers and mother of the deceased were recorded and statement of Mr. K. Muniraju, an acquaintance of the deceased, was also recorded.

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Now that the investigation is complete and the

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witnesses are primarily the close relatives of the deceased

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and the electronic evidence is also secured, there cannot be any apprehension that the petitioner would tamper with the prosecution witnesses. The petitioner claims that he is a permanent resident of Bengaluru and therefore, his presence before the Court could be secured by imposing appropriate conditions.

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In that view of the matter, the Petition is allowed. The petitioner is enlarged on bail in Crime No.35/2020 registered by Annapoorneshwari Nagar Police Station, Bengaluru, pending in C.C. No.5675/2020 on the file of V Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 304B, 498A read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, which shall however be subject to the following conditions:

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(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh

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only) and furnish two sureties for the likesum to the satisfaction of the trial Court.

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(ii) The petitioner shall appear before the trial Court on all the future dates of hearing unless exempted by the Court.

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(iii) The petitioner shall not leave the jurisdiction of

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the trial Court without prior permission of the Court.

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(iv) The petitioner shall not tamper or harass or intimidate or attempt to contact the witnesses in any manner whatsoever.

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Registry is directed to intimate the Jail authorities regarding the bail granted by this Court to the petitioner / accused No.1.

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Sd/- JUDGE

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sma

Sri. Sharathkumar v. the State of Karnataka

Case brief

What is this about?

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Sri. Sharathkumar v. the State of Karnataka

Case brief

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