IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.5137/2019 BETWEEN:
Mr. PRABHAKAR @ UDAY S/O SHAKTHIVEL AGED ABOUT 27 YEARS R/AT No.10, 1ST CROSS B.T.M 2ND STAGE BENGALURU– 560076. ... PETITIONER (BY SRI NEHRU.P., ADV.) AND:
STATE BY SHO MICO LAYOUT P.S., BENGALURU REP. BY SPP., HIGH COURT COMPLEX BENGALURU-560001. ... RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP.) THIS CRIMINAL PETITION IS FILED U/S. 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.513/2017 OF MICO LAYOUT POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 498-A, 304-B READ WITH SECTION 34 OF IPC AND SECTION 4 AND 6 OF DP ACT; AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., to enlarge him on bail in Crime No.513/2017 for the offence punishable under Sections 498-A, 304-B read with 34 of IPC and Sections 4 and 6 of Dowry Prohibition Act.
2. I have heard the learned counsel Sri.P.Nehru for petitioner/accused No.1 and Sri.K.Nageshwarappa, learned High Court Government Pleader for the respondent – State.
3. The genesis of the case of the prosecution are that the petitioner-accused No.1 and the deceased Nethra fell in love with each other and the mother of deceased after coming to know the said fact, she arranged the marriage and thereafter they started to reside near Prasanna Bar and Restaurant. Out of the said wed lock the deceased gave birth to a female child and subsequently the deceased informed the complainant that her husband wanted to do hotel business and as such the complainant had to give `1,00,000/- (Rupees One Lakh only) and as per the request the said amount was given, but the petitioner- accused No.1 had not started any such business and subsequently, to buy an auto he further demanded an amount of `50,000/-(Rupees Fifty Thousand only), the said amount was paid and it was lavishly spent, as he was addicted to alcohol and other habits and thereafter again the petitioner-accused No.1 demanded `1,00,000/-(Rupees One Lakh only) to start vegetable business and the complainant gave the demanded amount and that was also spent. Thereafter the petitioner’s mother and other family members started to ill-treat and harass the deceased for dowry. On 20.10.2017, at about 9.30 p.m., the brother of the petitioner-accused No.1 phoned to the son of the complainant and informed that his sister Nethra, while having the dinner she had vomited blood and they took her to hospital and immediately the complainant went to Sagar Hospital, by that time, the complainant went there he saw his daughter was already dead. After suspecting that the deceased died due to ill-treatment and harassment caused by the petitioner-accused No.1, a complaint was registered.
4. It is the submission of the learned counsel for the petitioner/accused No.1 that the deceased and the petitioner/accused No.1 got married out of the love and there was no demand for dowry and he further submitted that since 22 months the accused is languishing in jail and no progress has been made in the case of the prosecution. It is his further submission that the neighboring witnesses have also not supported the case of the prosecution. It is his further submission that he is also suffering with some health problems and there is no material for demand of dowry and harassment. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and release the petitioner/accused No.1 on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that already the petitioner accused has approached this Court in Crl.P.No.4441/2018. This Court by order dated 19.09.2018 has come to the conclusion that there is merit in the case and as such the bail application was came to be dismissed. No changed circumstances have been made out by the accused/petitioner No.1. He further submitted that the accused/petitioner No.1 has involved in a grave offence of 304-B and 498-A and there is presumption in the law. Under such circumstances, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other charge sheet material produced along with the petition.
7. This Court, after considering the material placed on record, come to the conclusion that there is material to show that because of the ill-treatment, physical harassment caused to the deceased and for demand of dowry, the death has taken place in the matrimonial house of the petitioner No.1/accused and no explanation has been given. Even though it is contended that since 22 months the accused/petitioner No.1 is in custody and languishing in jail which is not a good ground to re-consider the bail application. There are no changed circumstances. Though it is contended that the petitioner is suffering from health ailment but no documents have been produced to substantiate.
Under such circumstances, I feel that there are no good grounds to re-entertain the petition. Hence, the petition stands dismissed. However, the Court below is directed to expedite the trial expeditiously.
SD/- JUDGE NC/GBB