IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.357 OF 2019 C/W CRIMINAL PETITION NO.827/2019 In Crl.P.No.357/2019 BETWEEN:
Smt.Radha @ Radhamma (A-2) W/o Late.Chandrashekarachar, Aged about 55 years, Occ: House wife, R/a No.57/5-A, Hagedibba Circle, Kalikadevi Road, Davanagere City-577 001.
(By Sri.Gopala Krishnamurthy.C., Advocate) AND:
The State of Karnataka, Women P.S., Davanagere, Rep/by SPP High Court, ...Petitioner Bengaluru-560 001. ...Respondent (By Sri.M.Divakar Maddur, 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 Crime No.176/2018 of Women Police Station, Davanagere District for the offence punishable under Sections 498A, 506, 304B, 302 read with 34 of IPC and Sections 3 and 4 of D.P.Act.
In Crl.P.No.827/2019 BETWEEN:
Vinayaka.C., S/o Late O.Chandrashekharachar, Aged about 31 years, Occ:Medical Representative, In DMP Company, R/at No.57/5-A, Hagedhibba Circle, Kalikadevi Road, Davanagere City-577 001.
(By Sri.Gopala Krishnamurthy.C., Advocate) AND:
The State of Karnataka, Women P.S., Davanagere, Rep/by SPP High Court, ...Petitioner Bengaluru-560 001. ...Respondent (By Sri.M.Divakar Maddur, 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 Crime No.176/2018 of Women Police Station, Davanagere for the offence punishable under Sections 498A, 506, 304B, 302 read with 34 of IPC and Sections 3 and 4 of D.P.Act.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R Crl.P.No.357/2019 has been filed by petitioner- accused No.2 and Crl.P.No.827/2019 has been filed by the petitioner-accused No.1 under Section 439 of Cr.P.C to release them on bail in Crime No.176/2018 of Women Police Station, Davanagere for the offences punishable under Sections 498A, 506, 304B, 302 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for the petitioners and learned HCGP for the respondent-State.
3. The gist of the complaint is that the deceased was given in marriage to accused No.1 on 08.06.2018. At the time of marriage a sum of Rs.35,000/-, gold and Silver was given as dowry and all the marriage expenses were borne by the complainant. After the marriage for about fifteen days they were cordial and thereafter, petitioners started ill-treating and harassing the victim both physically and mentally and demanded to bring additional dowry. It is further alleged that accused No.1 used to tell the victim that he will commit her murder and he would get marry with another woman. The deceased was informing the complainant about the said ill-treatment and harassment.
4. In that light, on 16.10.2018 at about 11.28 pm accused No.1 informed the complainant about the suicide committed by the deceased in their house by hanging. Immediately the complainant and other family members went there and by noticing that their daughter has expired, complaint has been registered.
5. It is submitted by the learned counsel for the petitioner that the contents of the complaint and other material clearly goes to show that the deceased committed suicide by hanging because of the other reasons but not due to ill-treatment and harassment. He further submitted that initially there was no complaint filed against the petitioners by complainant or deceased till the death of the deceased. The alleged incident has taken place on 16.10.2018 and as such there was no material to connect the accused to the alleged crime. He also submitted that the deceased was not willing to marry with accused No.1 and as such she has committed suicide. Charge-sheet has already been filed. If petitioners-accused are not released on bail, they are going to be languished in the jail. He further submits that immediately after the incident, deceased was taken to the hospital and she was conscious and no dying declaration has been recorded. He also submits that it is the accused No.1 who accompanied along with deceased to the hospital. Accompanying with the deceased itself shows that the accused No.1-petitoner is not involved in the said crime. He further submitted that there are no statements as against accused No.2 and other witnesses. On these grounds he is ready to abide by any conditions that may be imposed by this Court and ready to offer sureties. Hence, he prays to allow the petition.
6. Per contra, learned HCGP appearing for the respondent-State vehemently contends that contents of the complaint are corroborative with other evidence that petitioners-accused was ill-treating and harassing the victim for demand of the dowry and death has taken place in the matrimonial house. No other explanation has been given by the accused persons. He further submitted that the accused-petitioners having not made out any good grounds to release them on bail. On these grounds, he prays to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition by the learned counsel appearing for both the parties.
8. On perusal of the complaint, it is clear that after the marriage of the deceased, petitioners-accused started ill-treating and harassing for additional demand of dowry and accused No.1 used to tell the deceased that if she is not going to bring additional dowry, he will marry another woman and also used to threaten her with life and dire consequences. In that light, deceased committed suicide on 16.10.2018 at about 11.28 pm.
9. Though several contentions have been raised, it could be seen from the contents of the complaint that there are many allegations have been made as against the mother in law and sister in law is concerned. But so far as the petitioner-accused No.1 is concerned there is specific allegations made against the accused No.1 that he used to demand for dowry and he was ill-treating and harassing the victim. He used to tell that he is going to marry another woman and he will get dowry.
10. By taking into considerations the above facts and circumstances of the case, I feel the petitioner- accused No.2 has made out case to release her on bail. So far as the petitioner-accused No.1 is concerned there is material to connect him to the alleged crime. And even the death of the deceased has taken place in matrimonial house, no explanation is given by accused No.1. Though it is contended by learned counsel for the petitioners that deceased was not willing to marry with the petitioner- accused No.1 and as such she had committed suicide. But there is no material to substantiate the said contention and as such, the same is not acceptable. The said contention has to be considered and appreciated at the time of trial.
11. In the light of the discussions held by me above, the Crl.P.No.827/2019 filed by the petitioner- accused No.1 is rejected and Crl.P.No.357/2019 filed by the petitioner-accused No.2 is allowed.
12. The petitioner-accused No.2 is enlarged on bail in Crime No.176/2018 of Women Police Station, Davanagere for the offences punishable under Sections 304B, 506, 498A, 302 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 subject to the following conditions;
1. Petitioner/accused No.2 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. She shall not leave the jurisdiction of the Court without prior permission.
3. She shall not tamper with the prosecution evidence directly or indirectly.
4. She shall regularly appear before the Court for trial, without fail.
Sd/- JUDGE SB