IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.7543/2017 BETWEEN:
Ravi.B.B., S/o Basavegowda Aged about 28 years Residing at Hosamala Biligre Village, Nanjangud, Mysore District 577 201. ... Petitioner (By Sri.Mohan Kumar.D., Advocate) AND:
State by Biligere Police Station, Represented by Public Prosecutor High Court, Bengaluru-560 001. … Respondent (By Sri.K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.46/2017 (S.C.No.159/17) of Billgere P.S., Mysuru District for the offences punishable under Sections 498A, 304B, 302 r/w 34 of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act.
This Criminal Petition coming on for orders this day, the Court made the following:
O R D E R This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 498A, 304B, 302 r/w 34 of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act registered in the respondent – Biligere Police Station, Mysuru in Crime No.3 Cr.No.46/2017 (S.C.No.159/17).
2. The case of the prosecution is that marriage of the petitioner and deceased Rathnamma took place on 12.6.2016 and at the time of the marriage, there was a demand of cash of Rs.2,00,000/- and gold ornaments of 35 grams and the remaining demand of Rs.1,50,000/- and 15 grams of gold was agreed to be paid in few months from the date of the marriage. Victim Rathnamma was subjected to dowry harassment and inferiority treatment. Conciliations held in this regard by the Panchyath and elders failed. It is also stated that just prior to the day of the incident Rathnamma was subjected to cruelty and harassment due to non-
payment of remaining dowry. On the date of the incident i.e., on 10.3.2017, she poured kerosene on herself and set ablaze. Thus a case came to be registered against the petitioner and others for the aforesaid offences.
3. The learned counsel for the petitioner would submit that the petitioner is a permanent resident of Biligere Village having deep roots in the society and he undertakes to obey all the conditions that is imposed by the Court and pray for enlargement of the petitioner on bail.
4. The learned HCGP vehemently opposed petition on the ground that the death of said Rathnamma is within 7 years of the marriage and therefore, he is not entitled to be enlarged on bail and sought for dismissal of the petition.
5. In the circumstances of the case, the gravity of the offence for the limited purpose of disposal of bail application has to be assessed. The petitioner has undertaken to abide by all the conditions that are imposed by the Court. Thus, there does not appear any likelihood of interference by the petitioner in the investigation and no prejudice is caused to the case of justice if he is enlarged on bail. The apprehensions of the prosecution can be met by imposing conditions.
6. Accordingly, the petition is allowed. The petitioner/accused is ordered to be released on bail for the aforesaid offences registered in Crime No.46/2017 of the respondent – Police Station, subject to the following conditions:
(i) The petitioner has to execute a personal bond for `1,00,000/- (Rupees One Lakh only) and has to furnish one solvent surety of a person possessing immovable properties, for the likesum to the satisfaction of the concerned Court.
(ii) He shall not tamper with any of the prosecution witnesses, directly or indirectly.
(iii) He has to appear before the concerned Court regularly.
Sd/- JUDGE RS/*