IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8079 OF 2019 Between:
Anantharaju S/o Hanumanthaiah Aged about 39 years R/o No.34, 4th Cross 8th Main, Bhuvaneshwarinagar T. Dasarahalli Bengaluru – 560 057 (By Shri Ramesh K.R., Advocate) And:
The State of Karnataka Represented by Bengaluru Rural Railway Police Station b.. – 560 001 By State Public Prosecutor (By Shri Honnappa, HCGP, Advocate) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Crime No.147 of 2019 registered by Bangalore Rural Railway Police Station, Karnataka Railways for the offence punishable under Sections 498(A) and 304-B read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.147/2019 (registered by Bengaluru Rural Railway Police) for the offence punishable under Section 498(A), 304-D and also under Sections 3 and 4 of the Dowry Prohibition Act. After thorough investigation, the police have filed charge sheet for the above said offences.
3. The facts of the case, as divulged from the charge sheet papers are, that the deceased Jyothi kumari was given in marriage to the petitioner in the year 2013. Afterwards, she went to her matrimonial home and started living in the house of the petitioner with his other family members. But they did not beget any child since six years of her marriage. There was no allegation till the death of the said lady with reference to any demand of dowry or any ill-treatment or harassment. But on 25th August, 2019, the said lady has committed suicide by lying on the railway track. The Railway Police have initially registered a case, and thereafter, it was transferred to the jurisdictional police. The police, after thorough investigation, laid charge sheet against the petitioner and others. The other persons have already been released on bail by this Court in Criminal Petition No.7132 of 2019 vide order dated 31st October, 2019.
4. The allegations are that the accused persons have been ill-treating and harassing the deceased on the ground that the deceased was the only daughter of her parents and therefore, the property in the name of her father has to be given in favour of the deceased. In this context, there was a compromise on 25th August, 2019, but, in spite of that the death occurred on the said date. Of course, the death has not occurred in the matrimonial house but on a railway track. The reason for the death has to be ascertained during the course of full-fledged trial. As rightly contended by the learned counsel for the petitioner, there are two more aspects have to be thrashed out by the Trial Court that the deceased did not beget any child for a period of six years of her marriage, or there was any ill- treatment for demand of dowry. Further, the surrounding circumstances have also to be thrashed out during the course of the Trial. Further, added to that, in the matrimonial matters the sensitiveness of the deceased and other members of the family as to how they were behaving each other are also the factual aspects which play a dominant role during the course of the trial. Under the above said circumstances, as the petitioner has already been arrested and he has been in judicial custody since long and also for the reason that on common allegations, accused persons having already been released on bail, the petitioner is also entitled to be enlarged on bail on similar conditions. Hence the following:
O R D E R Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.147/2019 registered by Bangalore Rural Railway Police Station, Karnataka Railways for the offence punishable under Sections 498(A) and 304-B read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE lnn