IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No.1274 OF 2019 Between:
1. Chandregowda S/o Thimmegowda, Aged 60 years, 2. Shivamma W/o Chandregowda, Aged about 55 years, Both are R/at Thattekere village, Kasaba Hobli, Holenarasipura Taluk, Pin-573 211, Hassan District. ... Petitioners (By Sri. Srinivasa M.G., Advocate) And:
State by Holenarasipura Rural Police Station, Holenarasipura Taluk, Hassan District, Pin-573 211. ... Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Crime No.153/2018 of Holenarasipura Rural Police Station, Hassan for the offences P/U/S 498A, 323, 304-B R/w 34 of IPC and U/S 3, 4 and 6 of Dowry Prohibition Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are accused Nos.3 and 4 respectively in Crime No.153/2018 of Holenarasipura Rural Police Station, Hassan, registered for the offences punishable under Sections 498(A), 302, 304-B read with Section 34 of Indian Penal Code. After completion of the investigation, charge sheet has been filed for the offences punishable under Sections 498(A), 323, 304-B read with Section 34 of Indian Penal Code and under Sections 3, 4 and 6 of the Dowry Prohibition Act.
2. I have heard the learned counsel appearing for the petitioners and learned High Court Government Pleader appearing for the respondent-State.
3. The case of the prosecution is that the second daughter of the complainant by name Swathi was given in marriage to accused No.2 about 5½ months prior to the lodging of the complaint. During the marriage talks, the accused persons demanded 125 grams of gold and `1,00,000/- in cash. At the time of engagement a gold ring weighing 5 grams was given to accused No.2 and at the time of marriage 120 grams of gold was given and further to accused No.2, cash of `1,00,000/- was given and the marriage was performed. The accused persons were demanding additional dowry of `1,00,000/-. They were harassing and ill treating the deceased both physically and mentally. Unable to bear the physical and mental torture, the deceased committed suicide by hanging in her matrimonial home on 12.10.2018.
4. Learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged. He submits that both accused Nos.1 and 2 have already been enlarged on bail in Crl.Mis.No.202/2019 by the V Additional District and Sessions Judge, Hassan and prays for releasing the present petitioners on bail in the event of their arrest, by imposing reasonable conditions.
5. Per contra, learned High Court Government Pleader submits that the petitioners are absconding and all the accused have caused dowry death and in view of the serious nature of the offence committed by the petitioners, they are not entitled for grant of anticipatory bail. Accordingly, seeks to dismiss the bail petition.
6. The petitioners are the parents of accused No.2. The allegations against all the accused persons are omnibus in nature and accused Nos.1 and 2 are already enlarged on bail. The petitioners are aged about 60 years and 55 years, respectively. Considering the fact that the charge sheet has already been filed and considering the facts and circumstances of the case, I am of the view that the petitioners may be enlarged on bail. Accordingly, I proceed to pass the following:
ORDER The petition is allowed. In the event of arrest of the petitioners (accused Nos.3 and 4) in Crime No.153/2018 of Holenarasipura Rural Police Station (C.C.No.31/2019) for the offences punishable under Sections 323, 304-B read with Section 34 of Indian Penal Code ad under Section 3, 4 and 6 of Dowry Prohibition Act, the petitioners shall be enlarged on bail, subject to the following conditions:
i) The petitioners shall surrender before the Investigating Officer within a period of 10 days from the date of receipt of a copy of this order and execute a person bond in a sum of `50,000/- each (Rupees Fifty Thousand only) with one surety for the likesum to the satisfaction of the Investigating Officer.
ii) The petitioners shall not tamper with the prosecution witnesses and shall not hamper the prosecution case in any manner.
iii) The petitioners shall be regular in attending the Court proceedings.
Sd/- JUDGE BMC