IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 28 th DAY OF JUNE, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL. MISC.No.6064/2022
Petitioner
Sri. Gangadhar,
S/o Ramappa,
Aged about 41 years,
R/at No.43, 9th
Mainroad, 3rd Main,
Mohankumarnagar,
Bengaluru.
(By Sri.Rangaswamy,
Adv.)

AND
Respondent
State by Karnataka
By Yeshwanthapura
P S, Bangalore City.
(By the learned Public
Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S.438
OF Cr.P.C.
This bail application is filed by the petitioner
under Section 438 of Cr.P.C. praying to grant an order
of anticipatory bail in the event of his arrest in Crime
No.193/2022 for the offences punishable U/s.498A,
304B, 302, 201 r/w 34 of Indian Penal Code and
Sec.3 & 4 of D.P.Act.

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Crl.Misc.No.5654/2022
2. The facts are as under:
One Lakshmidevi was legally wedded wife of
accused No.1. Their marriage was solemnized about
5 years back at Pavagada. At the time of marriage, the
accused No.1 had received gold ornaments, watch
and cash of Rs.50,000/- as dowry.

After marriage,
the accused No.1 and his wife stayed at Yelahanka,
Bengaluru. Thereafter, they shifted to Krishnappa
Bldg, Mohankumarnagar, Yeshwanthapur. After some
time, the accused No.1 started to harass his wife and
demanded cash of Rs.2,00,000/- and gold bracelet.
He has developed illicit relationship with other lady
and neglected his wife.
3. About one year back, Lakshmidevi informed
the complainant about the attitude of her husband
and
expressed
her
willingness
to
lodge
police
complaint. The complainant advised his sister and
bring her back to the house of accused No.1. On
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Crl.Misc.No.5654/2022
03.6.2022 at about 6.00p.m, Lakshmidevi called the
complainant
over
phone
and
alleged
that
her
husband, his brother i.e., the petitioner and sister-inlaw Aruna were harassing her and treated her with
cruelty. She has further alleged that they are
demanding dowry and requested the complainant to
give money. The complainant consoled his sister and
told her to come back to his house.
4.

On
04.06.2022
at
about
2.00a.m,
the
complainant called petitioner over phone and at that
time, the latter told that his sister is not well. On the
same day at 6.00a.m, the petitioner intimated the
complainant that his sister is no more. Immediately,
the complainant visited the house of accused No.1
and noticed injuries on neck and right side face of his
sister. He inquired the parents of accused No.1. They
told that the accused No.1 and the petitioner brought
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Crl.Misc.No.5654/2022
the dead body and they are not aware of the
whereabouts of accused No.1 and the petitioner. It is
alleged that the accused persons with common
intention
committed
murder
of
sister
of
the
complainant and laid dead body in front of the house
of accused No.1.
5. Grounds:1. The petitioner is innocent and he is no way
connected to the alleged offence.
2. He is working in BWSSB and residing with his
wife. At no point of time he has gone to
Buddhireddyhalli on 03.06.2022 or 04.06.2022.
3. During her lifetime, the deceased or the
complainant has made any allegation of dowry
harassment.
4. The petitioner is ready to abide by the
conditions to be imposed by the court.
With these contentions, he has requested to
allow the application.
6. The learned Public Prosecutor has filed the
objections with C.D and re-iterated the complaint
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Crl.Misc.No.5654/2022
averments. The allegations against the petitioner are
serious and he is not entitled to bail. If the bail is
granted, he may threaten the complainant and other
witnesses.

Hence,
prayed
for
dismissal
of
the
application.
7. Heard both.
8. The points that arises for consideration of this
Court are as under:
1. Whether the petitioner has made
out any grounds to release him on
anticipatory bail?
2. What order?
9. This Court has answered the above points are
as under:
Point No.1:
In the negative.

Point No.2:
As per final order
for the following:-
REA S ON S
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Crl.Misc.No.5654/2022
10. Point No.1: It is alleged that the petitioner
and other accused persons with common intention
harassed the sister of the complainant, demanded to
bring dowry and committed murder.

The objection
statement
filed
that
conducted
mahazar,
by
I.O.

discloses
recorded
the
he
statement
has
of
witnesses and seized the incriminating materials. He
has further submitted that he has recorded the
voluntary statement of the petitioner, wherein he has
admitted the guilt.
11. It is true that it is not a stage to discuss the
value of the alleged voluntary statement, alleged as
recorded by I.O. But, the matter is still under
investigation.

Further,
the
alleged
offences
are
heinous. At the time of investigation, I.O. has
included Sec.302 and 201 of IPC. At this stage, if he
is released on bail, he may tamper the witnesses and
try to abscond from the jurisdiction of the court.

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Crl.Misc.No.5654/2022
Looking into the nature and gravity of the case, it is
not proper to grant anticipatory bail in favour of the
petitioner.

Accordingly, I answer point No.1 in the
Negative.
12. Point No.2: In view of answer of this Court
on point No.1, this court proceed to pass the
following:O RDE R
The bail petition filed by the petitioner
U/s.438 of Cr.P.C, is hereby dismissed.
(Typed to my dictation by the Stenographer directly on Computer, corrected
by me and then pronounced in open Court on this the 28th day of June,
2022)
(K.S.Jyothishree)
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.

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Crl.Misc.No.5654/2022
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Order pronounced in the open court
vide its separate order
O RDE R
The bail petition filed by the
petitioner U/s.439 of Cr.P.C. is
hereby dismissed.
(SANDHYA.S)
LXXI Addl. City Civil & Sessions Judge, Bengaluru.