IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5532/2019 BETWEEN 1. MALLIKARJUNA S/O HANUMANTHAPPA AGED ABOUT 57 YEARS OCC: AGRICULTURIST 2. SURENDRA K.M S/O MALLIKARJUNA AGED ABOUT 37 YEARS OCC: AGRICULTURIST, 3. PRAKASH S/O MALLIKARJUNA AGED ABOUT 36 YEARS PETITIONER NO.1 TO 3 R/O MALLIKARJUNA NILAYA NAVULE, SHIVAMOGGA – 577 204 ... PETITIONERS (BY SRI. B.S. PRASAD, ADVOCATE) AND STATE OF KARNATAKA BY POLICE SUB INSPECTOR RURAL POLICE STATION SHIAMOGGA REP BY SPP, HIGH COURT BUILDING BENGALURU - 560 001. … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.131/2019 (C.C.NO.794/2019) OF SHIVAMOGGA RURAL P.S., SHIVAMOGGA FOR THE OFFENCE P/U/S 498A, 304B R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners (A2 to A4) and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos.2 to 4 in Crime No. 131/2019 of Shivamogga Rural Police Station, Shivamogga, which is culminated in C.C. No.794/2019 and pending before the court of JMFC-III, Shivamogga, for the offence punishable under Sections 498-A, 304(B) r/w. 34 of IPC.
3. The respondent – Police have laid charge sheet against the petitioners (A2 to A4) along with Accused No.1 (husband of the deceased) for the offence punishable under Sections 498-A, 304-B read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act (for short, ‘D.P. Act’). There is no dispute that, the marriage between the Accused No.1 (Pradeepa), son of Accused No.2-K.H. Mallikarjunappa and the deceased – Neharani was performed on 01.03.2017 at Shivamogga Town. It is alleged that at the time of marriage, an amount of Rs.1,50,000/- cash, 15 tholas of gold were given in consideration of the marriage. After the marriage, the husband and wife lived happily for sometime and thereafter, it is alleged that, the husband and his family members have started ill-treating and harassing the deceased stating that, she was very fat and on that ground, they started demanding dowry from her. In fact the main allegation is that, the petitioner himself has told the brother of the deceased that if the dowry amount is not paid, he will strangulate the deceased and kill her. But there is no material at this stage to come to a conclusion that, the deceased was subjected to cruelty in demand of dowry soon before her death. The conduct of the parties, the sensitivity of the deceased and environment in the family have to be looked into by the Court at the time of full-fledged trial in order to ascertain whether there was any ill-treatment or harassment by the accused persons which was sufficient to draw a woman to commit suicide. The death was due to hanging.
4. Under the above said facts and circumstances of the case, there is no specific allegations against these petitioners (A2 to A4) and most of the allegations are made against Accused No.1 (the husband of the deceased), who is stated to have already been released on bail vide order dated 19.09.2019 passed by this court in Criminal Petition No.5531/2019. Therefore, on the ground of parity and also considering that the petitioners (A2 to A4) are the family members of Accused No.1, they are entitled to be enlarged on bail. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioners (A2 to A4) shall be released on bail in the event of their arrest in connection with Crime No.131/2019 of Shivamogga Rural Police, Shivamogga, registered against them for the offence punishable under Sections 498-A, 304-B read with Section 34 of IPC and Sections 3 and 4 of D.P. Act, and now pending in C.C.No.794/2019 before the Court of JMFC-III, Shivamogga, subject to the following conditions:
(i) The petitioners shall surrender themselves before the concerned Investigating Officer and each of them shall execute their respective personal bonds for a sum of Rs.1,00,000/-( Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer as and when called for.
(iv) The petitioners shall not leave the jurisdiction of Shivamogga District without prior permission of the court, till the charge sheet is filed or for a period of three months, whichever is earlier.
(v) The petitioners shall mark their attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE KGR*