IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.4718 OF 2019 Between:
Krishna S/o. Papanna Aged about 35 years R/at Athimagere Gate Madabal Hobli, Magadi Taluk Ramanagara District Pin-562 159. … Petitioner (By Sri. Manjunath C, Advocate) And:
The State of Karnataka, Magadi Police Station Ramanagara District.
Represented by State Public Prosecutor High Court Complex Bengaluru – 560 001. ... Respondent (By Sri.K. Nageshwarappa, HCGP) This Crl. P is filed u/s.439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.139/2018 of Magadi P.S., Bengaluru city for the offences p/u/s 498-A, 302, 304- B of IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act.
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 petitioner/accused under Section 439 of Cr.P.C. seeking release him on bail in Crime No.139/2018 of Magadi Police Station for the offences punishable under Sections 498(A), 302, 304(B) IPC r/w 3(2)(va) of SC/ST (Prevention of Atrocities Act) Amendment Act, 2015.
2. I have heard the learned counsel for the petitioner/accused and the learned High Court Government Pleader for respondent-State.
3. Though the notice is served to the complainant, he remained absent. There is no representation.
4. Gist of the complaint is that the marriage of the deceased was performed with accused No.1 on 02.07.2017. Thereafter, they lived happily and the deceased was suffering from Shivering and skin allergies. Her husband-accused No.1 used to insult her that she belongs to scheduled caste and if he had married to a girl of his caste, he would have got dowry. He used to harass the deceased both physically and mentally to bring dowry from her parental house. Even though localites were advising him not to do so, he continued to harass the deceased. Hence, on 21.05.2018, she committed suicide by consuming tablets. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner was looking after the deceased well and he has never harassed her. There is no ill-treatment and harassment caused to the deceased. It is submitted that the deceased was suffering from shivering and skin allergy, as such, she was consuming the pills and excessive consumption of pills has aggravated, which has created poison. As a result of the same, she died. It is further submitted that the marriage of the petitioner-accused is love marriage and only because that she belongs to another community, they were residing separately. He further submits that the doctor who has given his opinion has also stated that because of the poison, the death has taken place. No harassment and ill-treatment has been proved by the prosecution. It is further submitted that he is ready to abide by the conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the neighbours and other witnesses to the alleged incident have deposed that the petitioner/accused was harassing the deceased for bringing dowry and he also used to abuse her by taking the name of the caste. He further submits that the alleged incident has taken place within 10 months from the date of the marriage. He further submits that immediately after the incident, the accused was absconding and he was apprehended only on 25.07.2017. He further submits that no explanation has been given as contemplated under Section 106 of Evidence Act, 1872. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties.
7. Earlier to this petition, the accused has approached this Court in Criminal Petition No.8176/2018, this Court vide order dated 04.04.2019 dismissed the petition. But however, it has been given a liberty to file a fresh bail application after the final opinion of the doctor is available. Now, the doctor has filed his final report. Even as could be seen from the record, the death of the deceased has taken place within 10 months from the date of the marriage. It is an admitted fact that the marriage of the petitioner- accused and the deceased was a love marriage. Even the opinion of doctor dated 20.08.2019 indicates that the death was due to “respiratory failure as a result of poisoning due to consumption of phenobarbitone (Barbiturate) compound” that itself goes to show that the deceased has not consumed any other sleeping tablets or poisonous tablets. As the complaint itself goes to show the fact that the deceased was suffering from shivering and skin allergies and she was taking treatment, then under such circumstances, the benefit of doubt can be given to the accused. In the light of the discussion held by me, the above petitioner has made out a case to enlarge him on him. In that light, the petitioner/accused No.1 is enlarged on bail. Accordingly, the petition is allowed.
8. Petitioner/accused No.1 is enlarged on bail in Special Case No.133/2018 dated 06.06.2019 on the file of I Additional District and Sessions Judge, Ramanagara (Crime No.139/2018 of Magadi Police Station, Ramanagara District) for the offences punishable under Sections 498-A, 302, 304-B of IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act subject to the following conditions:
1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month on every 1st till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of activities.
nms Sd/- JUDGE