IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 11TH DAY OF JANUARY 2018 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION No.102554/2017 BETWEEN NAGARAJ S/O SANNA HANUMANTAPPA, AGE: 25 YEARS, OCC: LABOURER, R/O: EMMIGANURU VILALGE, BALLARI TQ., BALLARI DISTRICT.
(BY SRI B ANWAR BASHA, ADV.) AND THE STATE OF KARNATAKA (THROUGH KURUGODU POLICE STATION) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD.
(BY SRI PRAVEEN K. UPPAR, HCGP) . PETITIONER . RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN S.C.NO. 46 OF 2017 PENDING BEFORE II ADDL. SESSIONS JUDGE BALLARI (IN CONNECTION WITH CR. NO. 88 OF 2017 REGISTERED IN KURUGOD POLICE STATION) UNDER SECTION 498-A, 304-B READ WITH SECTION 34 OF IPC AND 3 AND 4 DOWRY PROHIBITION ACT 1961 AND PENDING TRIAL OF THE CASE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed under Section 439 of Cr.P.C. seeking bail in IN S.C.No. 46/2017 pending before II Addl. Sessions Judge Ballari (in connection with CR. No.88/2017 registered in Kurugod Police Station) under Section 498-A, 304-B read with Section 34 of IPC and 3 and 4 Dowry Prohibition Act 1961.
2. This petition is filed as successive petition over the earlier bail petition that was dismissed on 30.08.2017 by this Court in Crl.P.No.101785/2017.
3. The petitioner is accused No.1. In the earlier bail petition, accused Nos.2 and 3 granted bail who are none other than the parents of the petitioner herein and the petition of this petitioner was rejected.
4. Learned counsel for the petitioner would submit that the petitioner is in custody from 01.05.2017 and the final report is submitted. In the earlier bail petition, the parents of the petitioner were granted bail.
Hence, on the ground of parity, this petitioner may be granted bail by allowing the petition.
5. Learned HCGP would oppose the grant of bail.
6. The substance of the complaint as culled out from the orders passed by this Court in Crl.P.No.101785/2017 dated 30.08.2017 is as under:
The deceased Smt. Eramma @ Latha was given in marriage to accused No.1 on 01.12.2016. At the time of marriage talks, the accused No.1 demanded dowry of Rs.20,000/- cash and one tola gold. The complainant and his family members had agreed, but they told that presently they will give only Rs.10,000/- and half tola gold remaining Rs.10,000/- and the half tola gold they will give later and accordingly at the time of marriage, Rs.10,000/- cash and half tola of gold was given. The allegation in the complaint that accused No.1, the husband of the deceased was demanding the remaining dowry amount of Rs.10,000/- and half tola of gold and because of that reason she was not provided with food properly. Accused No.1 used to come to the house in a drunken state and asking the deceased to go for coolie work. The complainant and family members went to Emmiganur village advised the accused and also to the deceased to lead the happy marital life. In the month of February, deceased Eramma telephoned to her brother Veeresh and informed that her husband bet her, asked her to go for coolie work and the other accused insisted her to bring the balance dowry amount and she was driven out of the house and her brother Veeresh brought his sister to Kamalapur. After 20 days, accused No.1 and his relatives came to the house of the complainant requested them to send the deceased Eramma to Emmiganur village. Complainant refused to send her daughter as she was carrying 2 months pregnancy. The further allegation that on 10.04.2017 deceased returned to her husband house and on 29.04.2017 at 06.00 p.m. Smt. Laxmi telephoned to Veeresh saying that his sister consumed poison. On the basis of the said complaint, a case came to be registered for the aforesaid offences.
7. In the context and circumstance, considering the period of detention of the accused in judicial custody and on the ground of parity, the petitioner is granted the relief of bail. Hence, the following ORDER The petition filed under Section 439 of Cr.P.C. by the petitioner is hereby allowed.
The petitioner is ordered to be enlarged on bail in S.C.No.46/2017 pending before the II Addl. Sessions Judge, Ballari (in connection with Crime No.88/2017 of Kurugodu Police Station) for the offences punishable under Sections 498-A, 304-B read with Section 34 of IPC and 3 & 4 of Dowry Prohibition Act, 1961, on he executing a personal bond for a sum of Rs.2,00,000/- with one surety for the like sum to the satisfaction of the concerned Court subject to the following conditions:-
-: CONDITIONS :-
a) Petitioner shall mark his attendance before the I.O. on every third Saturday between 07.00 p.m. and 08.00 p.m. for three months.
b) Petitioner shall not terrorize or tamper any of the prosecution witnesses.
SD/- JUDGE Naa