IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4102/2019 BETWEEN:
1. Krishna Kumari, W/o Rama Krishna Mohan, Aged about 60 years, R/at No.G6, Sparrow Wings Apartment, Indira Gandhi Street, 5th Main, Uday Nagar II Stage, A Narayanapura, Bangalore – 560 016.
2. Yamini Saraswathi, W/o Pamarathi Dinesh, D/o Rama Krishna Mohan, Aged about 36 years, R/at No.8, Ramanjunappa Layout, 4th Cross, MEG Layout, B. Narayanapura, Bengaluru – 560 016. ... Petitioners (By Sri Hashmath Pasha, Senior Advocate for Sri Kaleem Sabir, Advocate) AND:
State of Karnataka by Mahadevapura Police Station, Bengaluru – 560 006 (Represented by Learned State Public Prosecutor) Bengaluru – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.173/2019 of Mahadevapura Police Station, Bangalore for the offences p/u/s 498A, 304B r/w 34 of IPC and Sections 3, 4 of D.P. Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in the event of their arrest pursuant to the proceedings in Crime No.173/2019 for the offences under Sections 498-A, 304-B r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. The petitioner no.1/accused no.2 is the mother-in-law of the deceased and petitioner no.2/ accused no.3 is the sister-in-law of the deceased.
3. The case of the prosecution is that the deceased Raavi Jaya Madhavi was married to accused no.1 – Venkata Subramanya who was working as a Software Engineer in IBM, Bangalore. It is stated that there was demand for dowry at the time of marriage. It is further stated that accused no.1 and the deceased settled down in Bangalore and were residing in Bangalore after March, 2018. It is further stated that certain differences of opinion crept up amongst the spouses. On the intervening night of 13/14.04.2019, at about 1.17 a.m., information was received from the mother-in-law of the deceased that the deceased died after having hanged herself to the ceiling fan. A complaint was lodged, FIR was registered and investigation is in progress.
4. Sri. Hashmath Pasha, learned Senior Counsel appearing on behalf of the petitioners contends that admittedly, accused no.3 was a software engineer married and staying separately at B. Narayanapura and was not residing with accused no.1. He further submits that as regards accused no.2, it is stated that accused no.2 was a permanent resident of Andhra Pradesh and residing in West Godavari District. It is contended that the reasons for difference of opinion also appears to be alleged relationship between the deceased and one Chandrashekar. The mother of the deceased had filed a complaint and FIR has been registered on 12.10.2018, which is self-explanatory. It is contended that in view of the fact that both accused nos.2 and 3 were residing separately, story has been created to include them falsely in this case.
5. Looking into the factual matrix and noticing that accused no.1 who is the husband of the deceased is in custody and subjected himself to custodial interrogation and also noting that petitioner no.2/accused no.3 is a software engineer and staying separately with her husband and that petitioner no.1/acused no.2, the mother-in-law of the deceased was also a permanent resident of West Godavari District and is aged about 60 years, no case is made out for custodial interrogation of the present petitioners. Needless to state that co-operation with the investigation would be ensured by imposing stringent conditions.
6. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.173/2019 for the offences under Sections 498-A, 304-B r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.173/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall physically present themselves and mark their attendance before the concerned Station House Officer/s once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
No order is called for with respect to I.A.No.1/2019 in the light of disposing of the petition, accordingly the said application is disposed of as having being rendered redundant.
Sd/- JUDGE Np/-