IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3767/2019 BETWEEN:
LAKSHMANA @ LAKSHMANAGOWDA S/O.LATE KRISHNEGOWDA AGED ABOUT 26 YEARS R/AT NO.18, 2ND CROSS 2ND MAIN ROAD, SANJEEVINI NAGAR HEGGANAHALLI BENGALURU-560 092 … PETITIONER (BY SRI M.SHASHIDHARA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY RAJAGOPALA NAGAR P.S. REP. BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001 2. SMT.SAKAMMA amended v.c.o. W/O.GANGARANGAIAH dated 07.08.2019 AGED ABOUT 50 YEARS VANIGERE VILLAGE BHAKTHARAHALLI POST KUNIGAL TALUK TUMKUR DISTRICT …RESPONDENTS (BY SRI HONNAPPA, HCGP FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.525/2018 OF RESPONDENT RAJAGOPALA NAGARA POLICE STATION, WHICH IS REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 304(B), 201 READ WITH SECTION 34 OF IPC AND SECTION 3(2)(v) OF SC & ST (POA) ACT, PENDING ON THE FILE OF LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU IN SPL.C.NO.825/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Learned HCGP for respondent no.1 submits that the notice issued to the complainant has been duly served, but has remained absent.
2. Heard and perused the records.
3. The brief allegations are that the petitioner and one Lakshmidevi fell in love with each other and their marriage was solemnized on 19.02.2017 at Dharmasthala in the presence of elders of both families. On 25.09.2018, the said Lakshmidevi hanged herself in the house of the petitioner/accused no.1 and later she died on 27.09.2018. It is alleged that at the time of marriage, an amount of Rs.170,000/- was given as dowry along with 60 to 70 gms of gold etc. and even after the marriage there was persisted demand for dowry of Rs.30,000/-. In this context, it is alleged that on 24.09.2018, the deceased returned to the house of accused no.1 from the house of the complainant after observing Ganapathi festival. Though there are allegations with regard to demand of dowry but what transpired between 24.09.2018 and 25.09.2018 is not elucidated in the entire charge sheet papers. Ill treatment and harassment in demand of dowry or not has to be established during the course of full fledged trial. As it was a love marriage, it has to be established that whether there was any such demand of dowry by the accused persons or not. The accused persons except this petitioner were already released on bail. The offence under Section 304A is not punishable with death or imprisonment for life. The petitioner has been in judicial custody since the date of his arrest i.e. from 28.09.2018.
4. Looking to the above facts and circumstances of the case and the nature of allegations, in my opinion, the trial also may take sufficient time. Hence, the petitioner is entitled to be enlarged on bail. Hence, the following order:
The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.525/2018 of Rajagopalnagar Police Station registered against him for the offences punishable under Sections 304B r/w 34 IPC and Sections 3(2)(5a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only) with two sureties 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 hkh.