IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8140/2018 BETWEEN:
Ananda Kumar S/o late Narayanaswamy Aged about 33 years Residing at No.1166, 2nd Cross, 7th Main, Rajendra Nagar, Koramangala Bangalore-560 047.
(By Sri J.T. Rajan, Advocate) AND:
State of Karnataka by SHO, Adugodi PS, Bangalore City-560 030 Represented by State Public Prosecutor High Court Buildings Bangalore-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in the Crime No.87/2018 of Adugodi Police Station, Bangalore for the offences punishable under Sections 304(B), 498(A) r/w Section 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.
This Criminal Petition coming on for Orders, this day the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.87/2018 (SC No.1336/2018) of Adugodi Police Station for the offences punishable under Sections 304(B), 498(A) r/w Section 34 of Indian Penal Code and Sections 3 an 4 of Dowry Prohibition Act.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The brief facts of the case are that sister of the complainant was got married with accused No.1 on 1.2.2013. At the time of marriage some gold articles, cash was given as demanded by the accused. Thereafter, she stayed in the house of accused No.1 and subsequently accused No.1 by consuming alcohol at the instance of accused No.2 used to make galata and further started demanding additional dowry and also used to physically ill- treat and harass her. It is further alleged that in the month of October she was send out of the house and about 15 days back in order to send her son to school she came to the house of accused No.1, at that time also they made galata, in spite of the galata she stayed in the house and on the date of incident and prior thereto again she has been physically and mentally ill-treated and harassed for demand of dowry. Because of the ill-treatment, in the intervening night of 1.4.2018 and 2.4.2018 she committed suicide by hanging. On the basis of the complaint a case has been registered.
4. It is submitted by the learned counsel for the petitioner/accused that already charge sheet has been filed and accused No.2 has been granted bail. Even the petitioner/accused is not required for the purpose of further investigation or interrogation. He further submitted that there is no serious allegation made against the petitioner/accused with regard to physical harassment. He further submitted that there are no injuries found over the body of the deceased. He further submitted that only with an intention to take revenge the present complaint has been filed. He further submitted that there were some differences in the family of the deceased. In that light she committed suicide by hanging. He further submitted that petitioner is ready to abide by the conditions to be imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the statement of the neighbourers 1 and 2 clearly goes to show that the petitioner has been ill-treated and harassed and because of the ill-treatment and harassment caused for demand of dowry, she committed suicide in the intervening night of 1.4.2018 and 2.4.2018. She further submitted that the alleged incident has taken place immediately after five years of the marriage. Presumption can be drawn that it is a dowry death. She further submitted that there is ample material to connect the petitioner to the alleged crime. She further submitted that accused No.2 has been released on bail only because she being a woman. The said parity ground is not applicable to the present case on hand. On these grounds she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader. I have perused the records.
7. Though there is allegation with regard to ill- treatment and harassment caused by the petitioner for demand of dowry, even there is allegation with regard to consuming alcohol and ill-treating, on close reading of the contents of the complaint, the physical harassment has not been stated and even in the complaint there is no allegation that prior to the alleged incident the complaint has been registered and panchayath has been held in this behalf to decide the said dispute.
8. Under the facts and circumstances there appears to be prima facie material to grant the bail. Taking into consideration the above said facts and circumstances by imposing some stringent conditions if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
9. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail in Crime No.87/2018 of Adugodi Police Station for the offences punishable under Sections 304(B), 498(A) r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions:
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall appear before the trial Court on all dates of hearing.
iv) He shall not leave the jurisdiction of the trial Court without prior permission of the Court.
Sd/- JUDGE *AP/-