IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.239/2019 BETWEEN ABHISHEK N S/O SRINIVAS AGED ABOUT 36 YEARS R/AT NO.101, 5TH CROSS SHABHARINAGAR, NEAR HEGDE NAGAR BENGALURU - 45. ... PETITIONER (BY SRI PRATHEEP K C, ADV.) AND THE STATE OF KARNATAKA REP. KOTHANUR POLICE STATION BENGALURU URBAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 01. ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP.) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.147/2018 (S.C.NO.2000/2018) OF KOTHANUR POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 498A, 304B R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking to release him on bail in S.C. No.2000/2018 (Crime No.0147/2018) of Kothanur Police Station for the offences punishable under Sections 498(A), 304(b) read with 34 of Indian Penal Code (for short ‘IPC’) and Section 3 and 4 of Dowry Prohibition Act.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that deceased Gayathri was given in marriage to the petitioner- accused No.1 on 27.04.2014 by paying some dowry and thereafter it is alleged that the members of the petitioner’s family did not take care and they used to ill treat and harass for demand of dowry. In this regard, on 22.07.2018 at about 10.30 p.m. deceased Gayathri committed suicide by hanging in a matrimonial home. On the basis of the complaint, earlier a case was registered under Section 306 and 34 of IPC and at the time of filing charge sheet, now charge sheet has been filed under Sections 498(A), 304(b) read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. It is the submission of the learned counsel for the petitioner/accused that other accused persons have already been released on bail, under the similar facts and circumstances, the petitioner-accused is entitled to be released on bail on the ground of parity.
4. He further submitted that the post-mortem report indicates that there are no injuries and violence on the part of the petitioner/accused. He further submitted that no nebouring witnesses have been examined so as to substantiate the fact that there was an ill treatment and harassment for demand of dowry. He further submitted that there is no ill treatment and harassment soon before the death of the deceased and as such, the provisions of Section 304(b) does not attract. He further submitted that further statement of the father came to be recorded on 23.07.2018. In the said statement, he has stated that on the date of alleged incident at about 7.00 p.m., the petitioner/accused called to his mobile and told that he wanted to speak with reference to his daughter and father asked what is the matter, then he told that his daughter has not been brought up properly and always she asked to go to her parental house and the said issue has to be decided now itself and asked him to come on the same day at about 10.00 p.m. That he also received the information that his daughter is inside the bedroom and locked and subsequently she committed suicide by hanging. This clearly goes to show that there are other circumstances to the deceased to commit suicide as such there was no ill treatment and harassment for demand of dowry.
5. He further submitted that no complaints or panchayat were also held for the purpose of earlier demand for dowry. Learned counsel further submitted that the petitioner/accused is ready to abide by the conditions that may be imposed on him by this Court and ready to offer sureties. The charge sheet has also been filed and petitioner/accused is not required for the purposes of further investigation or interrogation. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is sufficient material to show that the death of the deceased has taken place in the matrimonial home within seven years from the date of marriage and there was ill treatment and harassment by the in-laws and even the said ill treatment was continued on the date of the incident. Because of the ill treatment and harassment, she committed suicide by hanging. He further submitted that if at this juncture he is enlarged on bail, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been made available during the course of the argument by the learned counsel for the petitioner/accused.
8. On plain reading of the records though the alleged incident has taken place within seven years after the marriage and there is a presumption, but the subsequent statement which came to be recorded on 23.07.2018 it indicates the fact that on 22.07.2018 at about 7.00 p.m. the petitioner/accused called to the mobile of the complainant and informed that he wanted to speak in respect of her daughter and that as she has not been brought up properly and the same issue has to be discussed and immediately thereafter she went inside the bedroom and latched the room and thereafter at about 10 ‘O’ Clock, she committed suicide by hanging. Under the said peculiar facts and circumstances that it creates a doubt whether it is a dowry death or because of the reason that the petitioner/accused complained about the deceased to her parents is a matter which has to be adjudicated and tried during the course of the evidence. Under the said circumstances, I feel that if by imposing some stringent condition if the petitioner/accused is ordered to be released on bail, then it would protect the interest of the petitioner/accused and also the prosecution. In that light the petition is allowed.
9. Petitioner-accused No.1 is ordered to be released on bail in S.C. No.2000/2018 (Crime No.0147/2018) of Kothanur Police Station for the offences punishable under Sections 498(A), 304(b) read with 34 of IPC and Section 3 and 4 of Dowry Prohibition Act subject to the following conditions:
1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month on every first of the month, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
Chs* CT-HR Sd/- JUDGE