IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1002/2019 BETWEEN:
1. Smt. Saraswathi Subhash Savalagi, W/o Subhash Savalagi, Aged about 56 years, R/at No.123, Flat No.47, Chandrabhaga Nagar, Jadhav Layout, Biddapur Colony, Gulbarga – 585 101.
2. Subasha Savalagi, Aged about 59 years, R/at V K Sakagar, Alanda Taluk, Kalburgi District – 585 101.
3. Sri Sahranu Subasha Savalagi, S/o Subasha Savalagi, Aged about 24 years, R/at No.210, Bomay Chala, Gokaka Taluk, Belgaum District – 542 555.
The petitioners No.1 and 2 are Presently R/at No.19, “Chandrodaya”, 1st “A” Main Road, Shivapura, Behind Shivamma Hotel, Peenya 2nd Stage, Bengaluru – 560 058. ... Petitioners (By Sri Prasad B.S., Advocate) AND:
The State of Karnataka, Peenya Police Station, Represented by SPP, High Court Building, Bangalore – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.623/2018 registered by Peenya Police Station, Bengaluru for the offence p/u/s 304-B r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The petition as regards petitioner no.3 does not survive for consideration in the light of charge sheet having been filed and no case is made out in the charge sheet as regards accused no.4. Hence, the petition is restricted to relief sought by petitioner nos.1 and 2.
2. Petitioner no.1/accused no.2 is the mother-in- law of the deceased, while petitioner no.2/accused no.3 is the father-in-law of the deceased. They seek for being enlarged on bail in the event of their arrest pursuant to the proceedings in Crime No.623/2018 for the offence under Section 304(B) r/w 34 of IPC.
3. The case that is made out by the prosecution is that accused no.1 and the deceased were married on 24.11.2017. It is stated that at the time of marriage, cash and gold was given by way of dowry. It is stated that subsequently, there were differences of opinion amongst the deceased and accused no.1 allegedly due to the demands of dowry being made by the petitioners and accused no.1. It is stated that on 10.12.2018, the deceased is stated to have committed suicide by hanging herself to the ceiling fan. The FIR had been registered, investigation is complete and charge sheet has been filed.
4. It is noticed that accused no.1 was arrested and subjected himself to custodial interrogation. Taking note of the fact that charge sheet has been filed, the role of the petitioners in commission of offences is a matter that rests on evidence that is to be adduced during trial. No case as such is made out for custodial interrogation. The petitioners undertake that they would cooperate with the investigation and they would subject themselves to appropriate conditions to ensure such co-operation.
5. Taking note of the fact that first petitioner is a lady aged about 56 years and second petitioner is aged about 59 years, in the light of the facts stated above and in the light of observations made above, petitioners are entitled to be enlarged on bail in the event of their arrest.
6. The learned Sessions Court has rejected the application of the petitioner by observing that investigation was not complete. However, it is noticed that investigation is complete and charge sheet has been filed.
7. In the result, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.623/2018 for the offence under Section 304(B) r/w 34 of IPC subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.623/2018 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum before the concerned court.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall co-operate with further investigation by appearing before the Investigating Officer as and when they are called upon.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-