IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9134/2018 BETWEEN:
1. Smt. Gayathri W/o Manjunath, Aged about 45 years.
2. Sri. Manjunath S/o Bellappa, Aged about 50 years.
Both are presently residing at 1st Cross, Palasandra Layout, Kolar – 560 001.
(By Sri. Nanjunda Gowda M.R., Advocate) AND:
The State of Karnataka, By Kolar Rural Police, Represented by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001.
(By Sri. K.P. Yoganna, HCGP) ...Petitioners ... Respondent This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.497/2018 registered by Kolar Rural Police Station, Kolar for the offence p/u/s 498(A), 306 and 109 read with 34 of IPC.
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 petitioners/accused Nos.5 and 6 under Section 438 of Cr.P.C., praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.497/2018 of Kolar Rural Police Station for the offences punishable under Sections 498(A), 306 and 109 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the marriage of accused No.1 and deceased was solemnized on 24.08.2008. At the time of marriage, accused Nos.1 to 3 demanded a sum of Rs.2,00,000/- and some gold articles worth Rs.4,50,000/-. The same was given at the time of marriage. It is further alleged that the deceased and accused No.1-Husband of the deceased, while leading the matrimonial life in the house of accused No.1 along with his parents, accused Nos.1 to 3 were subjected her to cruelty for additional dowry and the same was used to be told by the deceased to her parents. The complainant advised the deceased to lead matrimonial life. It is further stated that on 15.11.2018 at about 11.30 a.m., deceased called her mother and told that she cannot tolerate the cruelty. Hence, she intended to come back to her parental house. Then her mother and brother-in-law went to the house of accused No.1 and advised to lead the happy life. At about 5.15 p.m., the relative of the complainant called over the phone and told that the deceased has been admitted in the Nursing Home at Srinivasapura. Immediately, they reached to the said Nursing Home. There, they came to know that the deceased is already dead and the ornaments which were on the body have been taken away by the accused persons. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for the petitioners that the alleged marriage has taken place during the year 2008. The petitioners/accused Nos.5 and 6 are residing separately and used to visit the house of the deceased only in special occasions. There are no overt-acts attributed as alleged against the petitioners/accused Nos.5 and 6. It is further submitted that petitioner No.1 is working as Block Health Officer at Kyalanur and petitioner No.2 is also involved in sericulture business as such, there is no material to connect the petitioners/accused Nos.5 and 6 to the alleged crime. Even if it is looked into the entire complaint, the allegations are only against accused Nos.1 to 3. Further it is submitted that petitioners/accused Nos.5 and 6 are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.5 and 6 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that in complaint it has been clearly stated that only because of inducement and abetment caused by the petitioners/accused Nos.5 and 6, accused Nos.1 to 3 used to ill-treat, harass the deceased for dowry. Immediately prior to the death, there was cruelty because of that, she committed suicide. There is material to connect the accused petitioners to the alleged crime. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel for both the parties and perused the records.
7. A close reading of the contents of the complaint and other materials reveal that main allegation has been made only against accused Nos.1 to 3. The only allegation which has been made in the complaint as against the petitioners/accused Nos.5 and 6 is that they instigated accused Nos.1 to 3 for demand of dowry and that because of the same, the deceased committed suicide. There are no specific overt-acts attributed in the complaint and other materials. Under the facts and circumstance, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.5 and 6 are ordered to be released on anticipatory bail, it is going to meet the ends of justice 8. In that light, petition is allowed and the petitioners/accused Nos.5 and 6 are enlarged on anticipatory bail in Crime No.497/2018 of Kolar Rural Police Station for the offences punishable under Sections 498(A), 306 and 109 read with Section 34 of IPC subject to the following conditions:
1. In the event of their arrest, the Investigating Agency is directed to enlarge them on bail on they being executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation Agency within 15 days from today.
3. They shall not tamper with the prosecution evidence in any manner.
4. They shall mark their attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station till the charge-sheet is filed.
5. They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE VBS