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2023 DIGILAW 1099 (KAR)

V. Rekesh v. State of Anugondanahalli P S

2023-09-19

S.VISHWAJITH SHETTY

body2023
JUDGMENT 1. Accused No.1 in Crime No.125/2022 registered by the Anugondanahalli Police Station, Bengalore Rural District, for the offences punishable under Ss. 498A, 306, 302 r/w 34 of IPC., is before this Court seeking regular bail. 2. Heard the learned Counsel for the parties. 3. On the complaint of Smt. N. Lakshmi, wife of late Venkatesh, FIR was registered in Crime No.125/2022 by the Anugondanahalli Police Station against the petitioner and four others for the offences punishable under Ss. 498A, 304B, 302, 306 r/w 34 of IPC and Ss. 3 and 4 of the Dowry Prohibition Act. 4. During the course of investigation, the petitioner was arrested on 22/12/2022 and his bail application filed before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Criminal Misc. Petition No.808/2023 has been dismissed on 6/5/2023. Therefore, the petitioner is before this Court. 5. Learned Counsel for the petitioner submits that the investigation in the case is completed and charge sheet has been filed. The petitioner has been charge sheeted for the offences punishable under Ss. 498A and 306 r/w 34 of IPC., and Sec. 302 of IPC is not invoked as against the petitioner and it is invoked only as against the deceased Swetha. Accordingly, prays to allow the petition. 6. Per contra, the learned HCGP has opposed the bail application and prays to dismiss the petition.. 7. In the complaint, it is averred that the complainant's daughter Swetha was married to the petitioner on 12/2/2020. At the time of the marriage, the complainant and her family members had given dowry to the petitioner as per the demand. However, even thereafter, the complainant's daughter was tortured and harassed in her matrimonial house. This was informed to the complaint by her daughter. On 19/12/2022, Swetha had called her brother Manoj and asked him to bring her back from the matrimonial house. Thereafter, the complainant went to the matrimonial house of her daughter Swetha but she was not found. When the complainant and her family members searched for Swetha, they found the dead body of Swetha and his minor son Yakshith in a lake. It is in this background, she had lodged a complaint on 19/12/2022 which had resulted in registering a case in Crime No.125/2022 against the petitioner and others. The investigation in the case is completed and charge sheet has been filed. 8. It is in this background, she had lodged a complaint on 19/12/2022 which had resulted in registering a case in Crime No.125/2022 against the petitioner and others. The investigation in the case is completed and charge sheet has been filed. 8. As per the charge sheet allegations, on 19/12/2022 Swetha had taken her minor son Yakshith after she had quarreled with her husband. Thereafter, she went near the lake in outskirts of the village and after throwing the minor child into the lake, she also jumped into the lake and committed suicide. Therefore, the offence punishable under Sec. 302 of IPC is invoked only against her. So far as the petitioner is concerned, he has been charge sheeted for the offences punishable under Ss. 498A, 306 r/w 34 of IPC. The investigation in the case is completed and charge sheet has been filed. Petitioner's custody is no more required. Under these circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.125/2022 registered by the Anugondanahalli Police Station, Bengaluru Rural District, for the offences punishable under Ss. 498A, 306 r/w 34 of IPC., subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1, 00, 000.00 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; and e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off;