IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1510/2019 BETWEEN:
N. Ravichandra, S/o Narayanappa, Aged about 26 years, R/at Yaldur Village & Hobli, Srinivaspur Taluk, Kolar District – 563 135. ... Petitioner (By Sri Rajesh Gowda, Advocate) AND:
State of Karnataka, By Srinivasapura Police Station, Srinivasapura – 563 135, Rep. by Public Prosecutor, High Court Building Complex, Bangalore - 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.315/2018 registered by Srinivasapura Police Station, Kolar for the offences p/u/s 302, 498(A) and 304 (B) r/w 34 of IPC and Sections 3 and 4 of D.P. Act.
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.315/2018 with respect to offences punishable under Sections 302, 498(A) 304 (B) r/w of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. The case of the prosecution is that complaint was made by one Manjunath, the father of the deceased on 11.10.2018 stating that the deceased had married the petitioner on 10.05.2018 and there was demand of cash as well as gold ornaments at the time of marriage and the same was given. He further states that the petitioner had ill treated the deceased by making further demand for dowry. It is stated that two months prior to the alleged incident, the accused had sent the deceased to her parental house stating that she would required to bring additional dowry. Thereafter, it is stated that the deceased had come back to her matrimonial home but quarrel continued between the petitioner and the deceased. It is stated that on 10.10.2018, the deceased after having consumed the juice mixed with insecticide died.
3. The learned counsel for the petitioner states that there is nobody who has seen the actual commission of offence. The question as to whether it is a suicide or the deceased was done to death by the petitioner is a matter to be proved during trial.
4. Taking note of the fact that the petitioner is in custody since 11.10.2018, that investigation is complete and charge sheet has been filed, proof of offence is a matter to be established in trial especially where there are no direct eyewitnesses who have seen the commission of the offence. Accordingly, the petitioner is entitled to be enlarged on bail subject to conditions.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.315/2018 with respect to offences punishable under Sections 302, 498(A) 304 (B) r/w of IPC and Sections 3 and 4 of the 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 Np/-