IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8877 OF 2018 BETWEEN MARUTHI S/O VENKATARAMAPPA AGED ABOUT 32 YEARS, R/AT NO.13, 3RD FLOOR, 4TH CROSS, 4TH MAIN, RAVINDRANAGARA, MALLASANDRA PIPE LINE, T DASARAHALLI, BANGALORE-560 022 PERMANENT ADDRESS:
MARUTHI S/O VENKATARAMAPPA AGED ABOUT 32 YEARS, NERNAHALLI VILLAGE, MUTHAKAPALLI POST, YELDUR HOBLI, SRINIVASAPURA TALUK, KOLAR DIST – 563 138 ... PETITIONER (BY SRI S.N.SAMEER, ADV.) AND STATE BY BAGALAGUNTE POLICE STATION, BENGALURU. ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.375/2018 (C.C.NO.30213/2018) OF BAGALAGUNTE POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 498A,304B OF IPC AND SECTION 4 OF D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Bagalagunte Police have charge sheeted the petitioner in Crime No.375/2018 of their Police Station for the offences punishable under Sections 498-A & 304-B of I.P.C. and Sections 3 & 4 of Dowry Prohibition Act.
2. The marriage of the petitioner and the deceased Ramavathi was solemnized on 05.05.2012. Ramavathi committed suicide in the house of the petitioner on 21.09.2018 at 6.30 p.m. by hanging herself.
3. It is alleged that the petitioner subjected Ramavathi to physical and mental cruelty in connection with his unlawful demand and being unable to bear the same, she committed suicide.
4. The death has occurred after six years from the date of marriage. The post mortem report and inquest report indicate that except ligature mark there were no external injuries on the dead body.
5. The petitioner is in judicial custody since 22.09.2018. There were no earlier complaint of any cruelty to the victim. Whether the alleged cruelty of the petitioner to Ramavathi could drive a person of ordinary prudence to commit suicide is the matter to be decided on trial. Under these circumstances, it is a fit case to grant bail with suitable conditions. Therefore, the petition is allowed.
The petitioner is granted bail in Crime No.375/2018 of Bagalagunte Police Station, which is now pending in C.C.No.30213/2018 on the file of 45th A.C.M.M. Court, Bengaluru City, subject to the following conditions:
1. Petitioner shall execute personal bond in a sum of Rs.25,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
3. He shall appear before the Court as and when required for the purpose of enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR CT-HR