IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2409/2019 BETWEEN:
Shivashankar. M, S/o M. Subramanya, Aged about 26 years, R/at No.3544, 4th Cross, 9th Main, Kaveri Nagar, BSK 2nd Stage, Bengaluru-560 070. …Petitioner (By Sri Mohan Kumar.D, Advocate for Sri M. Krishne Gowda, Advocate) AND:
State of Karnataka, State by Banashankari Police, Reptd by High Court Govt. Pleader, High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri K Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in the Cr.No.282/2018 of Banashankari Police Station, Bengaluru City for the offences punishable under Sections 498-A and 304-B read with Section 34 of IPC and under Sections 3, 4 of D.P. Act, 1961.
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., to enlarge him on bail in Crime No.282/2018 of Banashankari Police Station (S.C.No.295/2019) for the offences punishable under Sections 498(A), 304(B) read with Section 34 of IPC and under Sections 3, 4 of Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioner/accused No.1 and learned High Court Government Pleader for respondent-State.
3. The genesis of the complaint are that the petitioner/accused No.1 got married the deceased- Smt.Subhashini on 11.03.2016 at Chittor District, Andhra Pradesh. Thereafter, they started residing in Banashankari, Bengaluru and they were doing hotel business. It is further alleged that, sister and brother-
in-law of petitioner/accused No.1 were also residing with the petitioner and deceased. They used to ill treat and harass the deceased for demand of additional dowry as petitioner/accused No.1 was having illicit relationship with another woman. Because of ill- treatment and harassment caused by the petitioner/accused No.1, deceased committed suicide in the matrimonial home on 10.09.2018 and the case has been registered against the petitioner/accused No.1 and other accused persons.
4. It is the submission of learned counsel for the petitioner/accused No.1 that accused Nos.3 and 4 have been already enlarged on bail by this Court by order dated 17.07.2019 in Criminal Petition No.225/2019. Similar allegations have been made as against the petitioner/accused No.1 on the ground of parity and the petitioner/accused No.1 is also entitled to be released on bail. He further submitted that already the charge sheet has been filed and the petitioner-accused No.1 is not required for the purpose of further investigation or interrogation and he is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.1 on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there are no changed circumstances and this Court by considering the merits of the case and the charge sheet, has dismissed the petition wherein all the allegations have been made as against the petitioner/accused No.1. He further submitted that the petitioner/accused No.1 is the main accused and there are no good grounds to reconsider the bail application. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the Criminal Petition No.225/2019, by order dated 17.07.2019 has released the accused Nos.3 and 4 on bail and the said petition was disposed subsequently after the dismissal of Criminal Petition No.226/2019. As could be seen from the records the alleged allegations have been made towards all the accused persons by saying that petitioner/accused No.1 along with other accused persons used to ill treat and harass the deceased as she has not begotten child and the same was informed by the deceased to her mother and the death has been taken place within a period of two years. Already the charge sheet has been filed and under the changed circumstances, I feel that on the ground of parity, the petitioner/accused No.1 can be enlarged on bail.
8. In that light of the discussions held by me above, the petition is allowed and the petitioner/accused No.1 is ordered to be enlarged on bail in Crime No.282/2018 (S.C.No.295/2019) of Banashankari Police Station, Bengaluru for the offences punishable under Sections 498(A), 304(B) read with Section 34 of IPC and under Sections 3, 4 of Dowry Prohibition Act, 1961 subject to the following conditions:-
(i) 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.
(ii) He shall not leave the jurisdiction of the Court without prior permission.
(iii) He shall be regular in attending the trial (iv) He shall mark his attendance once in a month on every 1st before the jurisdictional police station, till the trial is concluded.
(v) He shall not tamper with the prosecution evidence directly or indirectly.
Sd/-
JUDGE GJM/RG