Heard Sri. S. Balakrishnan, learned counsel for the

petitioner and Sri. Vinayaka V.S., learned High Court

Government Pleader for the respondent-State. Perused

the records.

2. Present petition is filed under Section 439 of

Cr.P.C. with the following prayer:

“WHEREFORE, the petitioner humbly

prays that this Hon’ble court may be pleased

to

enlarge

the

petitioner

on

bail

in

Cr.No.162/2022 for the offence punishable

under Sections 498A, 302, 304(B) of IPC and

under Section 3 and 4 of Dowry Prohibition

Act, on the file of Sathanoor Police Station

now numbered as S.C.No.5022/2022 pending

before the II Addl. District and Sessions

Judge at Kanakapura in the interest of justice

and equity.”

3. The brief facts of the case are as under:

Sri. Gurumurthy P, S/o Late Puttaswamy lodged a

complaint with Sathanoor Police Station, Ramanagara

District on 31.05.2023, which was registered in Crime

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No.162/2022 for the offence punishable under Sections

498A, 304B of the Indian Penal Code (hereinafter referred

to as ‘IPC’, for short) at the first instance.

4. The gist of the complaint averments reveal that the

elder

sister

of

the

complainant

by

name

Smt.Mangalagowramma was married to the petitioner at

about 2 years back and they were no issues in the

wedlock. Thereafter, the couple lived in the house of the

complainant for about two years. On 27.05.2022 at about

6.30 a.m., the petitioner and Smt.Mangalagowramma

went to ‘Mekedatu’ a tourist place. After spending

sometime in the said place, while returning, on account of

some frustration, Smt. Mangalagowramma fell into the

river. Thereafter, the petitioner proceeded to Sathanoor

Police Station and intimated the incident. Complainant

was secured and he gave a complaint and the complaint

came to be registered at the first instance as a missing

complaint. On 30.05.2022, Sathanoor Police asked the

complainant through telephone to rush to the Police

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Station as they have spotted a floating dead body in the

river. The dead body that was spotted by the police had

only half portion of the body i.e., below the trunk region

and the complainant identified the same as that of his

sister. He expressed suspicion with regard to her death

and also informed the police that there was harassment

with regard to demand of dowry and sought for action.

5. Based on the said complaint, the police have

registered a criminal case as aforesaid and investigated

the matter. During the course of investigation, the

petitioner was apprehended and he was sent to judicial

custody.

After

investigation,

the

police

have

filed

chargesheet

against

the

accused

for

the

offence

punishable under Sections 498A, 304B and 302 of IPC and

Sections 3 and 4 of the Dowry Prohibition Act, 1961.

6. The attempt made by the petitioner to obtain an

order of grant of regular bail in Crl.Misc.No.5355/2022 is

turned down by the learned II Additional District and

Sessions Judge, Ramanagara, Sit at Kanakapura by order

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dated 08.11.2022 and thereafter, the present petitioner is

before this Court.

7.

Sri.S.Balakrishnan,

learned

Counsel

for

the

petitioner reiterating the grounds urged in the bail

petition, vehemently contended that it is the petitioner

who made a search for the body of his wife and when he

was not able to trace the same, he went to Sathanoor

Police and intimated the police about missing of his wife

and thereafter the police have secured the presence of the

complainant on 27.05.2022 and have registered a missing

complaint.

8. He further contended that as an afterthought when

a portion of the dead body was found, the complainant in

order to take advantage of the same, lodged a false

complainant stating that there was a demand of dowry

and then, police registered the case for the offence

punishable under Sections 498A, 304B of IPC, which is per

se incorrect inasmuch as there is no previous complaint or

panchayath with regard to the demand of dowry and

- 6 -

therefore, the case of the prosecution is pe