Allowed

Naveen H S v. State of Karnataka

Karnataka HC5 Jan 2024CRL.P/10060/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a successive bail petition filed under Section 439 Cr.P.C. The Court directed the trial Court to release the accused on stringent conditions in a case involving offences under Sections 498A, 304B IPC and the Dowry Prohibition Act.

What did the court decide?

The petition is allowed; the Trial Court is directed to release the petitioner/accused on bail subject to specific conditions including bond, sureties, and restrictions on tampering and jurisdiction.

Naveen H S Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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1 - NC: 2024:KHC:662 CRL.P No. 10060 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 10060 OF 2023

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BETWEEN:

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NAVEEN H S S/O SANNIRAPPA, AGED ABOUT 22 YEARS, RESIDING AT NO. 12/29 6TH CROSS, GUTTE BASAVESHWARANAGARA, RAGHAVENDRA BADAVANE, CHIKKABANAVARA, BANGALORE-560090.

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…PETITIONER

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(BY SRI LAKSHMIKANTH K., ADVOCATE)

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AND:

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Digitally signed by V KRISHNA Location: High Court of Karnataka

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STATE OF KARNATAKA SOLADEVAANAHALLY POLICE STATION, BANGALORE RURAL DISTRICT,BANGALORE, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.

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…RESPONDENT

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(BY SRI K.NAGESHWARAPPA, HCGP)

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CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.167/2022 (CR.NO.54/2022) OF SOLADEVANAHALLI P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 498A,304B OF IPC AND SEC.4 OF D.P ACT ON THE FILE OF THE 8TH ADDL.DISTRICT AND SESSIONS JUDGE,

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2 - NC: 2024:KHC:662 CRL.P No. 10060 of 2023

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BENGALURU RURAL DISTRICT AT BENGALURU.THE IX ADDL. DISTRICT AND SESSIONS JUDGE, C/C VIII ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU HAS REJECTED THE BAIL PETITION ON 26.08.2023 IN CRL.MISC.NO.1692/2023, ETC.,

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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 is a successive petition filed by the petitioner - accused under Section 439 of Cr.P.C. praying to enlarge him on bail in SC No.167/2022 pending on the file of 8th Addl. District and Sessions Judge, Bangalore Rural District, Bangalore arising out of Cr. No.54/2022 of Soladevanahalli Police Station for the offences punishable under Sections 498A, 304B and Section 4 of the Dowry Prohibition Act.

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Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent - State.

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The case of the prosecution is that the mother of the deceased filed a complaint on 31.03.2022 alleging that her daughter deceased Chandrakala married with the petitioner on 11.08.2021 at Goravanahalli Temple and their marriage was also got registered on 12.08.2021. It is alleged that after their marriage both resided in a rented house in Gutte

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NC: 2024:KHC:662 CRL.P No. 10060 of 2023

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Basavshwaranagara, Chikkabanavara and petitioner started harassing the deceased physically and mentally demanding money and also suspecting her character due to which she committed suicide on 31.03.2022 at that time she was three months pregnant. The petitioner was arrested on 31.03.2022 and remanded to the judicial custody. The earlier bail petitions filed by the petitioner before this Court, came to be rejected. Hence, again he is approaching this Court by way of the present petition seeking bail.

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Having heard the arguments of the learned counsel

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for petitioner and learned HCGP and on perusal of the entire material on record, of course, the presumption available to the prosecution under Section 113B of the Indian Evidence Act and the deceased was died unnatural death and within seven months from the marriage, it is presumed as dowry death. However, the allegation that the petitioner suspected the character and abused her physically and mentally, due to which she committed suicide. The petitioner is in custody for more than one year 10 months. The investigation is completed long back and the trial has not yet began as the trial Court is said to be kept vacant due to non availability of the Judges.

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NC: 2024:KHC:662 CRL.P No. 10060 of 2023

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Considering the same, I am of the view that keeping the petitioner in custody will not survive any purpose, except the apprehension of the prosecution that the petitioner may tamper the prosecution witness and that can be safe guarded by imposing stringent conditions. Accordingly, the following order:

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ORDER

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(i) The petition is allowed.;

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(ii) The trial Court is directed to release the petitioner/accused on bail in Cr. No.54/2022 of Soladevanahalli Police Station pending in SC No.167/2022 on the file of 8th Addl. District and Sessions Judge, Bangalore Rural District, Bangalore, subject to the following conditions:-

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(a) Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;

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(b) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

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5 - NC: 2024:KHC:662 CRL.P No. 10060 of 2023

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(d) Petitioner shall take the trial without causing any delay; and

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(e) Petitioner shall not leave the jurisdiction of

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this Court without prior permission.

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If any of the conditions are violated, the prosecution is at

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liberty to file an application for cancellation of bail.

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Sd/JUDGE

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VK List No.: 1 Sl No.: 15

Naveen H S v. State of Karnataka

Case brief

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Naveen H S v. State of Karnataka

Case brief

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