IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5857 OF 2019 BETWEEN:
SRI DILEEP KUMAR ACHAR @ DILEEP KUMAR, S/O BALAKRISHNA ACHAR AGED ABOUT 24 YEARS RESIDING AT NO.170/2/6 GROUND FLOOR, 8TH CROSS GURURAJ LAYOUT, BASAVANAGAR MARATHAHALLI COLONY BANGALORE 560 037 (BY SRI. NAUSHAD PASHA, ADVOCATE) AND:
STATE OF KARNATAKA BY H.A.L. POLICE STATION, BANGALORE 560 037 REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE 560 001 (BY SRI. ROHITH B.J., HCGP) …Petitioner …Respondent THIS CRIMINAL PETITION FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.292/2019 OF H.A.L. POLICE STATION BENGALURUR CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 304-B OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned H.C.G.P. for the respondent-State. Perused the entire charge-sheet papers.
2. The police have laid charge-sheet in C.C.No.565561/2019 before XLIII A.C.M.M. Bengaluru for the offence punishable under Sections 498(A) and 304-B of the IPC and also under Section 4 of the Dowry Prohibition Act against the petitioner.
3. There is no dispute that the petitioner married a girl by name Aishwarya, which is a love marriage performed on 29.05.2016 in a temple. They lived happily with each other for more than six months. On 3.7.2019, she committed suicide when she was alone in the house of the petitioner. It appears, that only thereafter, a compliant came to be lodged by the father of the victim girl surfacing the allegations that after six months of the marriage the accused/petitioner addicted to alcohol and he started demanding dowry from the deceased and on 1.7.2019, at about 7.00 p.m. the deceased came near their house and informed about the cruelty and harassment meted out by her from the hands of the accused and there was some quarrel between her and the petitioner. In that regard he advised the petitioner. Thereafter on 3.7.2019, the victim committed suicide unable to bear the ill-treatment and demand for dowry made by the petitioner herein.
4. On carefully looking into the materials on record, it reveals that the accused/petitioner was not there in the house at the time when the victim was committed suicide. What transpired between the husband and wife from 1.7.2019 to 3.7.2019 is not forthcoming in the charge – sheet papers. As it is stated that it is a love marriage between the petitioner and the victim and at the time of marriage, he never demanded for anything. Therefore whether subsequently, he has asked the dowry and because of that reason he has ill-treated and harassed his wife and that the said harassment was sufficient to drive home the deceased to commit suicide is a question of fact that has to be proved during the course of full dressed trial. Under the above said circumstances, the accused/petitioner has already been arrested and he has been in judicial custody and he is no more required for any investigation, as charge sheet has already been filed, in my opinion with stringent conditions, the petitioner has to be enlarged on bail. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 292/2019 of H.A.L., Police Station, Bengaluru, pending on the file of XLIII ACMM Court, Bengaluru, for the offence punishable under Sections 498(A) and 304(B) of IPC and Section 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 like-sum 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.
Psg* Sd/- JUDGE