IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5588 OF 2019 BETWEEN:
Mahesh Savalgi S/o. Subhas Savalgi, Aged about 29 years, R/at No.299, 14th Main, Kere Road, Ward No.47, Nelagadarahalli, Nagasandra Post, Bengaluru-560073.
(By Sri. M.Shasidhara, Advocate) AND:
State By Peenya P.S, Represented by SPP, High Court of Karnataka, At Bengaluru-560001.
(By Sri. Rohith B.J., HCGP) ...Petitioner …Respondent This Criminal Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.623/2018 of Peenya Police Station, Bengaluru City for the offence punishable under Section 498A, 304B read with 34 of IPC, Sections 3 and 4 of Dowry Prohibition Act.
This Criminal Petition coming on for orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-state. Perused the records.
2. The Petitioner is arraigned as A-1 in Crime No.623/2018 of Peenya Police Station, Bengaluru. A charge sheet has been laid against the petitioner and others for the offence under sections 498A, 304B read with section 34 IPC and also sections 3 and 4 of the Dowry Prohibition Act.
3. There is no dispute that the deceased was given in marriage to accused No.1 and, accused No.1 and the deceased were residing together in Nelagadaranahalli, Gangamma Building. It is alleged that petitioner was harassing the deceased for payment of Rs.15,00,000/- further dowry. Even in spite of covering panchayath, accused No.1 did not desist himself from demanding such amount. In this background being dejected in life, on 10.12.2018, the deceased committed suicide in her house by hanging herself to the ceiling fan. Moreover, perusal of the statement of the witnesses shows that there are allegations against the accused that he was ill-treating the deceased by demanding Rs.15,00,000/-. But, during the course of evidence, it has to be proved beyond reasonable doubt that before the death there was demand for dowry and cruelty meted to her by accused No.1 and others. Though the death occurred within a short time after the marriage, but except stating that there was mental and physical cruelty on her, the nature of inflictment of such cruelty has to be explained during the trial. In the above said facts and circumstances, the offence is not punishable either with death or imprisonment for life and during the course of investigation it has to be examined the sensitivity of the deceased and how the husband and wife were behaving against each other during the conjecture. Under the aforesaid facts and circumstances, petitioner is entitled to be enlarged on bail on stringent conditions. Hence, the following :-
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 623/2018 of Peenya Police Station, registered for the offence punishable under sections 498A, 304B read with section 34 IPC and also sections 3 and 4 of the Dowry Prohibition Act subject to the following conditions:
(i) The petitioner shall execute his 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 the 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 ckl