IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4492/2019 Between:
Mr. Mastan Vali D., Son of Mohammed D., Aged about 30 years, Residing at No.36, 1st Floor, 10th Cross, Balajinagara, Ittamadu, BSK 3rd Stage, Bengaluru – 560 085. … Petitioner (By Sri A.V. Ramakrishna, Advocate) And:
The State by Channamanakere Achu Kattu Police Station, Rep. by State Public Prosecutor, High Court Building, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.93/2019 of Channammanakere Achu Kattu Police Station, Bengaluru City for the offences p/u/s 3 and 4 of D.P. Act and Sections 304B and 498A of IPC.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.93/2019 for the offences punishable under Sections 498-A and 304-B of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. The case of the prosecution is that the father of the victim on 14.04.2019 has filed a complaint alleging that his daughter was given in marriage to the petitioner and was harassed for dowry and unable to bear the harassment, the petitioner had committed suicide 3. The case that is made out in the complaint is that the petitioner and the victim had entered into the wedlock on 22.04.2018 and that at the time of marriage cash and gold ornaments were given. It is further stated that the accused used to harass the victim stating that the dowry as promised at the time of marriage was required to be given. It comes out in the complaint that the alleged harassment continued and eventually on 14.04.2019 the victim had committed suicide by hanging.
4. It is noticed that the investigation is complete and charge sheet has been filed. The petitioner is in custody since 16.4.2019. Admittedly, after custodial interrogation and on the basis of investigation, the charge sheet has been filed. The proof of offence is a matter for trial. The question as to whether there was harassment by the accused and such harassment led the deceased to commit suicide is a matter to be proved during trial. The present proceedings cannot be construed to be punitive in nature.
5. It is noted that the Sessions Court had rejected the application by observing that prima facie case was made out and also that there was chance of tampering with the prosecution witnesses. However, it is rightly pointed out by learned counsel for the petitioner that the victim is native of Andhra Pradesh and witnesses are also native of Andhra Pradesh while the petitioner is a resident of Bengaluru and hence, the apprehension of tampering of witnesses could be taken care of by imposing appropriate conditions.
6. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.93/2019 for the offences punishable under Sections 498-A and 304-B of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions:-
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR