IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4179/2019 BETWEEN:
1. NAGAPPA BANAKAR S/o CHANNABASAPPA AGED ABOUT 65 YEARS OCC: AGRICULTURIST R/O MARIKUNTE VILLAGE JAGALURU TALUK DAVANAGERE DISTRICT 577 528 2. SMT. SHAMBHAVI W/O NAGAPPA BANAKAR AGED ABOUT 60 YEARS OCC: HOUSEHOLD WORK R/O MARIKUNTE VILLAGE JAGALURU TALUK DAVANAGERE DISTRICT 577 528 3. KIRAN S/O NAGAPPA BANAKAR AGED ABOUT 28 YEARS OCC: AGRICULTURIST R/O MARIKUNTE VILLAGE JAGALURU TALUK DAVANAGERE DISTRICT 577 528 … PETITIONERS (BY SRI DINESH KUMAR RAO, ADVOCATE FOR SRI R.B.DESHPANDE, ADVOCATE) AND:
THE STATE OF KARNATAKA BY DAVANAGERE WOMEN POLICE STATION DAVANAGERE DISTRICT 577 001 …RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.37/2019 REGISTERED BY WOMEN POLICE STATION, DAVANAGERE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 304-B, 323, 504 R/W 34 OF I.P.C. AND 3 & 4 OF D.P. ACT PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE (SR.DN.) AND JMFC, DAVANAGERE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard learned counsel for the petitioners and learned HCGP for the respondent. Perused the records.
2. The police have registered a case in Crime No.37/2019 against the petitioners and another for the offences punishable under Sections 498A, 304B, 323, 504 r/w 34 of IPC and 3 & 4 of Dowry Prohibition Act, 1961.
3. Brief facts of the case are that:
One Kavitha daughter of the complainant was married to accused no.1 by name Dhananjaya on 08.08.2016. Thereafter, they started living happily with each other and after some time differences arose between them. According to the prosecution, accused no.1 started demanding further dowry and at the instance of the deceased, accused no.1 and the deceased were living separately in a rented house. It is alleged that thereafter accused no.1 ill treated the deceased and demanded dowry. In this context, it is alleged that on 15.05.2019, the said Kavitha has committed suicide in the house of accused no.1. A complaint has been lodged suspecting the conduct of accused no.1 and the petitioners have also been included stating that at the time of marriage, they have received cash of Rs.2,50,000/- and also gold and silver articles etc. There is no allegation against the petitioners that soon after the marriage, they have ill treated or harassed the deceased. Under the above circumstances, the petitioners who are accused nos.2 to 4, in my opinion, are entitled to be enlarged on bail. Hence, the following order:
The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.37/2019 of Women Police Station, Davanagere City, on following conditions:
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned 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 Davanagere District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/-
JUDGE hkh.