Allowed

Sri Umesh v. State of Karnataka

Karnataka HC13 Feb 2023CRL.P/345/2023

Case brief

AI extract

What is this about?

The Court allowed a criminal petition under Section 439 Cr.P.C. filed by an accused seeking bail in a case alleging dowry cruelty and attempted murder. Bail was granted subject to specific conditions including personal bond and restriction on leaving the territorial limits.

What did the court decide?

Petitioner enlarged on bail in Crime No.206/2022, subject to furnishing personal bond with surety, appearing when required, and not leaving territorial limits without permission.

Sri Umesh Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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CRL.P No. 345 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO.345 OF 2023

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BETWEEN:

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SRI UMESH S/O LATE MADEGOWDA, AGED ABOUT 36 YEARS, RESIDING AT NO.36/6, 1ST FLOOR, 3RD BLOCK, 6TH CROSS, G.R. THYAGARAJANAGAR, BENGALURU-560070.

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AND ALSO AT ALAHALLI VILLAGE, KOLLEGAL TALUK CHAMARAJNAGAR-571440, KARNATAKA.

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…PETITIONER

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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(BY SRI. TRIVIKRAM S., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY SHO C.K. ACHUKATTU P S BENGALURU, PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001.

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…RESPONDENT

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(BY SRI. SHANKAR H.S., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.206/2022 REGISTERED BY CHANNAMMANAKERE

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CRL.P No. 345 of 2023

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ACHUKATTU POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 307, 498(A), 504, 506 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT PENDING BEFORE THE II ADDL.C.M.M., BENGALURU IN C.C.NO.32617/2022.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed under Section 439 of Cr.P.C., by the Petitioner-sole accused to enlarge him on bail in Crime No.206/2022, registered by the respondent-Police in C.C.No.32617/2022, on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 307, 498A, 504, 506 of IPC r/w Section 3 & 4 of Dowry Prohibition Act.

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

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The petitioner has been charge sheeted for the aforesaid offences, alleging that, he subjected the defacto complainant to cruelty, both mentally and physically, and also made demand to bring money from her parental home, and

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CRL.P No. 345 of 2023

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due to the assault, the defacto complainant sustained grievous injuries.

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The wound certificate produced along with the charge sheet indicates that, the defacto complainant was treated as out patient, and discharged on the same day. Whether the petitioner with an intention to murder, assaulted the defacto complainant, is the matter which requires to be considered after full fledged trial, so as to constitute an offence punishable under Section 307 of IPC.

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Petitioner-accused has made out a Prima facie case to enlarge him on bail. Accordingly, I pass the following:

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ORDER

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Criminal petition is allowed. Petitioner is enlarged on bail in Crime No.206/2022, registered by the respondent-Police in C.C.No.32617/2022, on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 307, 498A, 504, 506 of IPC r/w Section 3 & 4 of Dowry Prohibition Act, subject to the following conditions:

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CRL.P No. 345 of 2023

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(a) Petitioner-accused shall furnish a personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.

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(b) He shall appear before the Court as and when required.

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(d) He shall not get involved in similar offences.

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(e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.

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Sd/JUDGE

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List No.: 2 Sl No.: 24

Sri Umesh v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Umesh v. State of Karnataka

Case brief

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What did the court decide?

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