IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4801/2019 BETWEEN:
G.V.SUBRAMANYAM @ GADHIREDDY VENKATA SUBRAMANYAM, S/O RAMA KRISHNA MOHAN, AGED ABOUT 37 YEARS, R/A NO.G6, SPARROW WINGS APARTMENT, INDIRA GANDHI 5TH MAIN, UDAYA NAGAR II STAGE, A.NARAYANAPURA, BANGALORE – 560 016. …PETITIONER (BY SRI.HASHMATH PASHA, SR. ADVOCATE A/W SRI.KALEEM SABIR, ADVOCATE) AND:
STATE OF KARNATAKA, BY MAHADEVAPURA POLICE STATION, BANGALORE – 560 048.
(REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001). …RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.173/2019 OF MAHADEVAPURA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 498A, 304B R/W 34 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner. Perused the records and the entire charge sheet papers furnished for perusal of this Court by the learned counsel for the petitioner.
2. On careful perusal of the entire charge sheet papers, the allegations against the petitioner and other accused are that this petitioner had married one Smt. Raavi Jaya Madhavi(deceased) daughter of C.Ws.1 and 2. It is alleged that their marriage took place on 3.3.2019 in Andhra Pradesh. After marriage they were living together. It is alleged that after some time of the marriage, accused Nos.1 to 3 started demanding further dowry amount and particularly some gold and silver articles etc. Therefore, they started ill-treating and harassing the deceased demanding further dowry though they have taken an amount of Rs.1,50,000/- at the time of marriage. It is stated that being frustrated in life due to ill-treatment and harassment meted out by the petitioner and other accused persons, the said lady committed suicide in the matrimonial home between 13/14th April 2019 at about 12.45 in the night by hanging herself in the bedroom ceiling fan when particularly the petitioner and other accused persons were sitting in the hall portion of the house watching television.
3. Learned counsel for the petitioner has also brought to the notice of this Court that all was not well between husband and wife. Apart from the said false allegations made against the petitioner, there was some reason for the differences between A-1 i.e. the petitioner herein and the deceased. Learned counsel has drawn my attention to the FIR lodged by the mother of the deceased against one Shekhar on 12.10.2018, wherein it is alleged that the accused in the said case by name P. Shekar who was running a Cell phone shop was coming to her house in the absence of her husband and showing some vulgar photos of her daughter i.e. pertaining to the deceased Ravvi Jayamadhavi and used to threaten her that those pictures will be shown to the petitioner herein and if they do not pay him money he will circulate the pictures across all social media platforms. In fact what are all those pictures and why that person was exploiting the said lady is not forthcoming. However, the above said factual matrix discloses that something was there between the said P. Shekar, mother of the deceased as well as the deceased. Therefore, under the said circumstances what exactly was the reason for committing the suicide is not forthcoming and whether it was due to demand of dowry or due to any other reasons has to be thrashed out during the course of full dressed trial.
4. As could be seen from the records, the charge sheet has already been filed. The other accused persons have already been released on bail and this petitioner was arrested on 14.4.2019 and since then he has been in judicial custody and the trial may also take sufficient time. Particularly on the basis of the above said facts and the nature of the allegations made and the materials collected, in my opinion, the petitioner is entitled to be enlarged on bail as the said offences are not punishable either with death or imprisonment for life.
5. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 173/2019 of Mahadevapura Police Station, Bengaluru City registered against him for the offences punishable under Sections.498A, 304B read with Section 34 of IPC and Sections 3 and 4 of D.P. 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 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 *alb/-.