MADHU KIRAN B v. THE STATE OF KARNATAKA
Case at a glance
Outcome
Allowed
The petition is allowed and the petitioner
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 34, 302, 304B, 498A
- Dowry Prohibition Act, 1961 ss. 3, 4
Key paragraphs
- Para 44. Hence, the following order is passed: The petition is allowed and the petitioner be released on bail subject to the following conditions:- i) The petitioner shall furnish personal bond for a sum of Rs.50,000/- with two sureties to the satisfaction of the trial Court…
Judgment
(BY SRI: K A CHANDRASHEKARA, ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF VIJAYANAGAR POLICE STATION MYSORE CITY, MYSORE. ...RESPONDENT (BY SRI: SATISH R GIRJI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.189/2012 OF VIJAYANAGAR POLICE STATION, MYSORE CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 304(B), 302 READ WITH SECTION 34 2 OF THE IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHITION ACT. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and Sri. Satish R. Girji, learned HCGP for the State in respect of the bail sought by the petitioner who is said to be accused No.3 in Crime No.189/2012 in respect of the offences punishable under Sections 498A, 304B, 302 read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
Petitioner's counsel submits that the deceased Mamatha committed suicide by hanging herself and the allegations are mainly against the husband who is said to have received the dowry amount from the father of the deceased but this petitioner is the sister's son of accused No.1 and he has no role to play and as such he be released on bail. 3
Taking the above submission into account and as it is not seriously disputed by the State, the petitioner can be released on bail, subject to conditions.
Operative part
Hence, the following order is passed: The petition is allowed and the petitioner be released on bail subject to the following conditions:- i) The petitioner shall furnish personal bond for a sum of Rs.50,000/- with two sureties to the satisfaction of the trial Court; ii) He shall not tamper with the evidence in any manner. 4 iii) He shall not give threat to the witnesses. iv) He shall mark the attendance before the concerned Police Station once in a month, on the last Sunday of every month between 8 a.m. and 5 p.m. v) If any of the above conditions is violated, bail will be cancelled at the instance of the prosecution. Sd/- JUDGE KM
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is allowed and the petitioner
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 34, 302, 304B, 498A; Dowry Prohibition Act, 1961 — ss. 3, 4.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.