IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 4861 OF 2019 BETWEEN:
SHARANAPPA S/O LATE YENKAPPA AGED ABOUT 22 YEARS R/O KOMALAPURA MUDGAL HOBLI ANGASAGURU TALUK RAICHUR DISTRICT-584101.
... PETITIONER (BY SRI PAVAN KUMAR .G, ADVOCATE FOR SRI PREMA KUMAR G. A, ADVOCATE) AND STATE OF KARNATAKA BY KUMBALAGODU P.S. REP BY S.P. P.
HIGH COURT BUILDING BANGALORE – 560 001.
... RESPONDENT (BY SRI K. P. YOGANNA, HCGP FOR RESPONDENT/STATE) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 37/2019 OF (C.C.No.6231/2019) OF KUMBALAGODU POLICE STATION, RAMANAGARA FOR THE OFFENCE P/U/S 304-B OF IPC AND SEC. 3 AND 4 OF D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is the sole accused in the charge sheet submitted by the respondent police in S.C.No.184/2019 for the offence punishable under Section 304-B of IPC and also Sections 3 and 4 of the Dowry Prohibition Act.
2. There is no dispute that deceased Shantammma is no other than the wife of petitioner and their marriage took place about 9 to 10 months prior to the date of incident. It is alleged in the charge sheet that at the time of marriage Rs.25,000/- cash, 5 gms gold was given and after marriage the accused was demanding further amount of Rs.20,000/- and gold. In this context, advice was given by the elders of the family of the deceased. It is alleged that on 7.3.2019 the deceased has committed suicide at the working place.
Admittedly, the death has not taken place in the house of the petitioner. It occurred in the place where the deceased was working i.e., Tulsi Vidyala Trust building at Kaniminake village.
3. Looking into the above said facts and circumstances of the case, the accused was not present at the time of the incident. Further, the allegations that accused was demanding for further dowry and gold has to be proved beyond reasonable doubt before the Court in a full fledged trial. It should be proved before the Court that prior to death there was ill-treatment and harassment for demand of dowry to attract the above provision. The Court has to consider the conduct of the accused whether it was sufficient to drive the lady to commit the suicide. Under the facts and circumstances of the case, in my opinion, the petitioner is to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, petitioner/Accused No.1 shall be released on bail in connection with S.C.No.184/2019 on the file of VIII Addl.District and Sessions Judge, Bangalore Rural District, registered for the offences punishable under Section 304-B of IPC and Sections 3 and 4 of the Dowry Prohibition Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
DKB Sd/- JUDGE