IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3752/2019 BETWEEN:
SRI ASHOKA S/O.RAMACHANDRA AGED ABOUT 29 YEARS R/AT DEVIHALLI VILLAGE MADIHALLI HOBLI BELUR TALUK HASSAN DISTRICT-573 216 … PETITIONER (BY SRI SUNILKUMAR P.BANGARI, ADVOCATE) AND:
THE STATE BY BELUR P.S. BELUR-573 115 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.91/2019 REGISTERED BY THE BELUR POLICE STATION, BELUR PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM COURT, BELUR, HASSAN DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 304B, 498A READ WITH SECTION 34 OF IPC. THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISMISSED THE BAIL PETITION ON 18.05.2019 IN CRL.MISC.NO.530/2019.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard learned counsel for the petitioner, learned HCGP for the respondent-State and perused the records.
2. Petitioner is none other than the son-in-law of accused nos.2 & 3. Accused no.1 is said to be the husband of the deceased Soochana (daughter of the complainant). The marriage between accused no.1 and the said Soochana is alleged to have taken place on 22.02.2019 in Nittur village. It is alleged that at the time of marriage, accused nos.1 to 3 had taken some dowry and other gold and silver articles etc. It is alleged that accused nos.1 to 3 had started ill treating and harassing the deceased in their house in demand of dowry. In this context, it is alleged that on 26.04.2019 the said Soochana committed suicide by hanging herself in the house of accused nos.1 to 3. As rightly contended by the learned counsel for the petitioner, there is no specific allegation against the petitioner (son-in-law of accused nos.2 & 3) who has been residing separately and not residing with accused nos.1 to 3. Therefore, at this stage, there is no material to show that there was any ill treatment or harassment by this petitioner soon before the death of the deceased. Hence, the petitioner is entitled to be enlarged on bail.
Under the above said circumstances of the case, considering the nature of allegations and the facts of the case and the offences not being punishable either with death or imprisonment for life, the petitioner is entitled to be enlarged on bail. Hence the following order:
The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.91/2019 of Belur Police, on following conditions:
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Hassan District without prior permission of the Court, till the charge sheet is filed or for a period of two months whichever is earlier.
v) The petitioner shall mark his attendance once in fifteen days i.e. on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE hkh.