IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2955/2019 BETWEEN:
ANUP SINGH S/O KALAYAN SINGH, AGED ABOUT 29 YEARS, R/AT 1ST MAIN ROAD, JALAKANTESHWARA MAIN ROAD, OPP. BHAWANI MEDICALS, MALLESHPALYA, BENGALURU-560075 ...PETITIONER (BY SRI P.PRASANNA KUMAR, ADV.) AND:
STATE OF KARNATAKA BY K.R. PURAM POLICE STATION, WHITEFIELD SUB-DIVISION, BENGALURU CITY REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, Dr. B.R.AMBEDKAR VEEDHI, BENGALURU-560001 …RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.628/2018 OF K.R.PURAM POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 304B, 498-A OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRL.P. 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 HCGP for the respondent-State. Perused the records.
2. On 4.12.2018, one Babu Singh, who is the brother-in-law of the petitioner lodged a complaint stating that his sister by name Smt.Prakash Kuaver was given in marriage to the petitioner in the year 2015 and in fact on 30.7.2018 the petitioner called the complainant and said that Smt.Prakash Kuaver has committed suicide by hanging herself in the house. Thereafter, they went there and in fact they gave statement before the police at the time of conducting the inquest and the police originally registered a case under Section 174 of Cr.P.C. and found that there was absolutely no foul smell in the death of the deceased. It appears, about five minutes thereafter, a complaint came to be lodged which is registered in Cr.No.628/2018 on the allegation that, even much prior to the death of the deceased, the petitioner had been ill- treating and harassing her for demand of dowry etc., on the basis of which, the petitioner was arrested and he has been in judicial custody. Presently, charge sheet appears to have already been filed.
3. Looking to the above said circumstances, on the face of the record, there are two views available, one version by the complainant and the brother of the deceased that they had not suspected even the petitioner at the earliest point of time. Subsequently, they have implicated the petitioner into the crime. What exactly happened has to be proved during the course of full dressed trial. Hence, at this stage, the petitioner has made out a case for grant of bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Cr.No.628/2018 of K.R.Puram police station registered against him for the offence punishable under Sections 304-
B and 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with one surety 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 till the case registered against him is disposed of.
Dvr:
Sd/- JUDGE