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Judgment
B.V. Pinto, J.—This petition is filed seeking bail in Crime No. 262/2010 of New Extension Police Station. Tumkur registered on 30.11.2010 for the offences under Sections 498A, 304B, 302, IPC r/w Section 34, IPC and Sections 3 and 4 of D.P. Act.
Heard Mr. Vishnu Murthy, learned Counsel for the petitioner and Mr. Vijaya Kumar Majage, learned HCGP for the respondent State.
Learned Counsel for the petitioner submits that the complaint does not disclose that the petitioner has demanded dowry at the time of marriage and there is also no averments that the petitioner harassed the deceased for dowry soon before death. Hence, he prays that the petition may be allowed.
Learned HCGP opposes the bail application and submits that there are two witnesses one Padma and Ranganath who are neighbours of the accused who state regarding the harassment. Hence, he prays for dismissal of the petition.
I have gone through the materials on record. However, in view of the fact that there is no specific averments regarding the demand of dowry soon before death, I am inclined to grant bail. Hence, the petition is allowed. The petitioner is directed to be enlarged on bail, on his executing a bond for Rs. 25,000 with one surety for the like sum to the satisfaction of the Court below.