IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.869/2017 BETWEEN SRI GOPALA REDDY @ GOPAL S/o CHAIRMAN RAMAPPA AGE 36 YEARS R/o KAPPALLI VILLAGE GUDUMARALAHALLI POST TALUK: CHINTAMANI DISTRICT: CHIKKABALLAPUR- 563 125. (By Sri VEERANNA G TIGADI, ADVOCATE) AND THE STATE OF KARNATAKA REP BY STATION HOUSE OFFICER KENCHARALAHALLI POLICE STATION KENCHARALAHALLI, TQ:CHINTAMANI CHIKKABALLAPUR DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(By Sri B J ESHWARAPAA, HCGP) …PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.75/2016 (S.C.No.68/2016) OF KENCHARALAHALLI P.S., CHIKKABALLAPURA FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A) AND 302 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This Criminal Petition is filed under Section 439 of Code of Criminal Procedure (‘Cr.P.C.’ for short) seeking to enlarge the petitioner on bail in Cr.No.75/2016 (S.C.No.68/2016) registered by Kencharlahalli Police Station, Chikkaballapura, for the offences punishable under Sections 498(A) and 302 of Indian Penal Code (‘IPC’ for short) and Sections 3 and 4 of Dowry Prohibition Act.
2. The case of the prosecution is that the deceased Shobha, eldest daughter of the complainant was given in marriage to the petitioner-accused No.1, on 28.08.2008 at Chintamani, and gold jewels weighing upto 145 grams were given to the accused along with cash of Rs.2,00,000/-. It is stated that her marital life was cordial for the first two years and thereafter, accused Nos.1 and 2 being the husband and mother-in-law of the said Shobha started harassing and torturing her and were pressurizing her to bring money from her parental house. They were abusing and mocking at her for not having delivered a child and scolded her to go and die or else they will kill her. They were also blackmailing her by threatening that accused No.1 will be going for second marriage. Shobha was said to be in desperate and distress because of the harassment caused by the accused persons. On 01.07.2016, between 2.00 to 2.15 p.m., the said Shobha called the complainant shouting that the accused persons are killing her and suddenly the phone got disconnected. Immediately, the complainant along with his son and son- in-law went to Kapalli village and there they found Shobha lying dead. Thus, a complaint came to be filed for the offences under Sections 498(A) and 302 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
On the basis of which, FIR was registered in Cr. No.75/2016 for the offence punishable under Section 302 IPC and Sections 3 and 4 of Dowry Prohibition Act. The matter was being charge sheeted and thereafter committed to the Sessions Court. The petitioner-accused No.1 was said to have been arrested on 02.07.2016 along with his mother, who is accused No.2.
3. It is submitted by learned counsel for the petitioner that when the matter is set down for adducing prosecution evidence, the plea for discharge of the petitioner and his mother was dismissed by the learned Sessions Judge. He submits that it was the daylight as such the allegations by the prosecution is not sustainable. He submits that the witnesses did not include neighbours and there was no impediment to record their statements. Though, accused Nos.1 and 2 were arrested on 02.07.2016, accused No.2 the mother was granted anticipatory bail and the present petitioner-accused No.1 is in judicial custody.
4. Learned High Court Government Pleader submits that the case was first registered against accused Nos.1 and 2 and it was thereafter charge sheeted for the offence punishable under Section 302 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
5. It is a case wherein a lady is stated to be killed by her husband and mother-in-law. A copy of the autopsy report is produced wherein the opinion as to the cause of death was kept pending till the receipt of FSL report. In the Final opinion, it is stated that Shobha died due to asphyxia because of combined manual strangulation and smothering and the dead body was found in the house. It is seen that accused No.2 was granted anticipatory bail and the present petitioner is in judicial custody. Since the present petitioner is in judicial custody during the entire period of investigation, there is no likelihood of the petitioner interfering with the investigation. In the context and circumstances of the case, the petitioner-accused No.1 deserves to be released on bail.
6. Hence, the criminal petition is allowed. The petitioner-accused No.1 is enlarged on bail in Cr.No.75/2016 registered by Kencharlahalli Police Station, Chikkaballapura, subject to the following conditions;
i) The petitioner-accused shall execute a personal bond for Rs.2,00,000/- with a surety owning/possessing immovable property for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner-accused shall not come into contact with any of the prosecution witnesses.
iv) The petitioner-accused shall not leave the State of Karnataka without the permission of the trial Court till the disposal of the case.
Sd/- JUDGE mv