IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.9445/2016 BETWEEN:
MAHESHA P ( IN J.C) S/O.PUTTASWAMY AGRICULTURIST AGED ABOUT 35 YEARS R/AT.R.S.DODDI VILLAGE HANUR HOBLI, KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT PIN - 571 457 ... PETITIONER (BY SRI.MURARI MOUNI K.M, ADVOCATE) AND :
STATE BY HANUR P.S. KOLLEGALA SUB DIVISION CHAMARAJANAGARA DISTRICT PIN – 571 457 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001 ... RESPONDENT (BY SRI.S.VISHWA MURTHY, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CR.NO.138/2015 OF HANUR P.S, CHAMARAJANAGAR DISTRICT FOR THE OFFENCE P/U/S 498A, 304B R/W 34 OF IPC AND SEC.3,4,6(2) OF D.P ACT.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition under Section 439 of Cr.P.C. is filed seeking enlargement of petitioner on bail in Crime No.138/2015, registered in Hanur Police Station for offences punishable under Sections 498-A, 304-B r/w Section 34 of IPC and Sections 3, 4, 6(2) of D.P. Act.
2. Shri Murari Mouni.K.M., learned Counsel for the petitioner adverting to the complaint averments submits that the complainant- father of the deceased has categorically stated in the complaint that his daughter was married about 4 years prior to the date of complaint and she was happy in her matrimonial home in the initial days. However, in the recent past, she was complaining of harassment and was being looked down upon as she was not blessed with a child. He argued that there are in all four accused. The petitioner herein is accused No.1- husband. Accused Nos.2 is the father of the petitioner and he has been granted bail by the order of this Court dated 11.5.2016 in Crl.P.No.2754/2016. Accused No.3 is the mother of the petitioner and she has been granted bail by the order of the learned Sessions Judge, Kollegala dated 12.2.2016 in Crl.Misc.No.5008/2016 and accused No.4 is the brother of the petitioner and he has been granted bail by the order of this Court dated 30.6.2016 in Crl.P.No.3902/2016. He further submits that the investigation is complete and the police have filed the charge sheet. The trial is yet to begin. Both the F.S.L. report and the medical opinion is to the effect that death is due to asphyxia as a result of hanging. In the circumstances, he prays for allowing this petition.
3. The petition is opposed by the learned HCGP on the ground that death has occurred within seven years of marriage in the matrimonial home and the complainant has stated about the harassment meted out by her daughter in the complaint. Accordingly, he prays for dismissal of this petition.
4. I have carefully considered the submissions of the learned Counsel for the petitioner, learned HCGP & perused the material papers.
5. It is relevant to note that victim’s father has categorically stated in the complaint that his daughter was happy in the marital home for some time and in the recent past, she was unhappy with the comments made and harassment meted out by her from her by in-laws as she was not blessed with the child. Medical report is clear to the effect that the death is due to asphyxia as a result of hanging. Accused Nos.2, 3 & 4 have been enlarged on bail. The petitioner is an agriculturist and it is submitted by the learned Counsel that petitioner ekes out his living as a photographer also. Three other accused have been already enlarged on bail and charge sheet has been filed.
6. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) Petitioner shall be released on bail in Crime No.138/2015 registered in Hanur Police Station, upon his executing a self bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon;
(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(iv) Petitioner shall not involve himself in any criminal activities; and (v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Yn.
Sd/- JUDGE