IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 8952/2018 BETWEEN:
R. Karibasappa S/o. Ramappa Aged about 30 years Occ: Labour work R/o. Yaragunte Village Davanagere Taluk & District – 577 001. ...Petitioner (By Sri K.N. Jayaprakash, Advocate) AND:
The State of Karnataka Women Police Station Davanagere Reptd. By its S.P.P., High Court Building Bengaluru – 560 001. ...Respondent (By Smt. Namitha Mahesh B.G, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.166/2018 of Women Police Station, Davanagere District for the offences punishable under Sections 498A, 302, 504, 323, 114, 304B R/w 34 of IPC and Section 3 & 4 of D.P. Act.
This Criminal Petition coming on for Orders this day the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.166/2018 of Women Police Station, Davanagere for the offences punishable under Sections 498(A), 302, 504, 323, 114 & 304(B) R/w Section 34 of IPC and Section 3 & 4 of Dowry Prohibition Act. Subsequently, charge sheet has been filed and at the time of filing of charge sheet, accused has been charge sheeted under Sections 498(A), 323, 504, 114 & 304(B) R/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the case of the complainant is that the deceased got married with the accused about 6½ years back. At the time of the marriage, some gold, cash of Rs.1,00,000/- and Rs.60,000/- to motorbike was given. They lived happily for a period of three years. Thereafter, the petitioner–accused No.1 started ill- treating her and harassed, as she has not begotten a child. Subsequently, he was having illicit relationship with another woman and in this behalf he used to assault and ill-treated for additional dowry. It is stated that on 07.10.2018 at 7.00 p.m., sister of the accused informed over the phone that the deceased has committed suicide by hanging. Immediately, they came to the spot of occurrence and saw the deceased. On the basis of which, a case has been registered and charge sheet has also been filed.
4. It is the submission of the learned counsel for petitioner – accused No.1 that though it is alleged that there was ill-treatment and harassment caused by petitioner – accused No.1 but, Post Mortem report clearly indicates that there are no external injuries. If there was ill-treatment and harassment and assault committed by the accused, there could have been some injuries. He further submitted that already charge sheet has been filed and petitioner – accused No.1 is not required for the purpose of investigation and interrogation. He further submitted that even though neighbors and other witnesses have been examined by the Investigating Officer, but they are hearsay witnesses and they are not eye witnesses to the alleged ill- treatment and harassment. He further submitted that the deceased was mentally depressed as she has not begotten the child and as such, she committed suicide by hanging. Even such fact is also substantiated by Post Mortem report to the effect that the deceased died due to asphyxia consequent upon hanging. He is ready to abide conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioner - accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner – accused No.1 has ill-treated and harassed the deceased and even he is having illicit relationship with another woman and he used to give ill-treatment and harassment to the deceased. She further submitted that petitioner is the main cause for the death of the deceased and has taken extreme steps of committing suicide and there is presumption in law. On these grounds, she pays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition.
7. On close reading of the contents of the complaint and charge sheet materials that though it is alleged that there was ill-treatment and harassment of the petitioner–accused No.1 to assault, but no external injuries were found over the body of the deceased except ligature mark. Then under such circumstances, the ill- treatment and assault cannot be acceptable. Even as could be seen from the statement of the neighbors that they have also stated that they came to know that there was ill-treatment and harassment caused to the death of the deceased, but neither they have adviced nor they have witnessed that petitioner – accused No.1 ill- treating and harassing the deceased. Prima-facie by going through the entire material, there is prima-facie material to connect the petitioner – accused No.1 to the alleged crime. Even as could be seen from the contents of the complaint and it is also narrated that the deceased has not begotten child and she also worried about that, learned counsel for the petitioner submits that because of that she committed suicide which appears to have some force. Under such circumstance, there is no serious overt-act alleged against petitioner/accused No.1. That too, already when the charge sheet is filed, I feel that by imposing some stringent conditions, if the accused petitioner is ordered to be released on bail, it is going to meet the ends of justice. In the light of discussions held by me above, petition is allowed.
8. Petitioner/accused No.1 is enlarged on bail in Crime No.166/2018 of Women Police Station, Davanagere for the offences punishable under Sections under Section 498(A), 323, 504, 114 & 304(B) R/w 34 of IPC and Section 3 & 4 of Dowry Prohibition Act subject to the following conditions:
1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of activities. If he again indulges in similar type of activities, the Court below is at liberty to cancel the bail.
SD/- JUDGE nms