IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.89/2019 BETWEEN:
Sri. Goutham Kumar S/o. Ramanandan Prasad Aged about 31 years R/at Bhagavathi Nilaya Apartment Flat No.16 3rd Floor, Near Patel Public School Kariyammana Agrahara Bengaluru – 560 103. ...Petitioner (By Sri.Manjunath G., Advocate) AND:
The Station House Officer Marathahalli Police Station Bengaluru City – 560 037 Rep. by State Public Prosecutor High Court Building, High Court Bengaluru – 560 001. ... Respondent (By Sri.M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.612/2018 Marathahalli Police Station, Bengaluru City for the offences P/U/S 498-A, 304(B) r/w. 34 of IPC and Sections 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 The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.612/2018 (S.C.No.60242/2018) of Marathahalli Police Station for the offences punishable under Sections 498-A and 304(B) read with 34 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. The genesis of the case of the prosecution is that the marriage of the deceased was performed with accused No.1 on 10.12.2013. At the time of marriage, some dowry in the form of gold and cash was given. It is further case of the complainant that thereafter, the petitioner/accused No.1, mother-in-law and sister-in- law were staying together, at that time, they used ill treat and harass her for additional demand for dowry. It is further submitted that on 26.10.2018 at about 6:30 AM, the complainant received phone call from the petitioner/accused No.1 that her daughter is dead. Immediately, they came and noticed that the deceased is dead due to hanging and for ill treatment and harassment for dowry. On the basis of complaint, the case has been registered.
4. It is the submission of the learned counsel for the petitioner that during the course of the investigation, accused Nos.2 and 3 have been dropped out, charge sheet has been filed only against accused No.1. Similar allegations is also there as against accused Nos.2 and 3. He further submitted that charge sheet has been filed against petitioner/accused No.1 and he is not necessary for the purpose of investigation or interrogation. He further submitted that deceased was suffering from mental ailment and she has been treated at NIMANS, Bengaluru. In the history sheet, it has been clearly mentioned that prior to marriage, she has been sexually assaulted and some times she used to be under impression that somebody is waiting for her and she will be sexually assaulted. She also tried to commit suicide. Under the said facts and circumstances, the deceased committed suicide because of her mental health. It is submitted that except the contentions of the complaint, no proper ill treatment and harassment has been alleged by the complainant. He further submitted that the alleged offences are not punishable with death or imprisonment for life and he is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioner/accused No.1 on bail.
5. Per contra, learned counsel for the respondent vehemently argued and submitted that petitioner/accused No.1 along with accused Nos.2 and 3 have ill treated and harassed the deceased for additional dowry though at the time of marriage, an amount of Rs.3,00,000/- and gold and other articles has also been given. He further submitted that there is a ample material to show that deceased committed suicide because of ill treatment and harassment caused by the accused No.1. If the petitioner/accused No.1 is enlarged on bail, he may abscond and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of learned counsel appearing for both the parties and perused the records including certificate issued by NIMANS, Bengaluru.
7. On close reading of the contents of the complaint and other materials, it indicate that ill treatment and harassment caused by the petitioner/accused No.1 and accused Nos.2 and 3, she committed suicide by hanging. But already accused Nos.2 and 3 have been dropped as there is no material at the time of filing charge sheet. Be that as it may, already charge sheet has been filed against petitioner/accused No.1 and he is not required for the purpose of investigation or interrogation. Even on close reading of certificate issued by the NIMANS, it discloses that the deceased was normal until she was 18 years old and by 2017, she has compulsive and abusive of someone waiting for her and especially male. During the said period, she was sexually abused by the neighbor and she was taken treatment under the different doctors and other material as also there in the history sheet. That itself clearly goes to show that deceased was suffering from mental ailment. She was taking treatment prior to death. Under the said facts and circumstances, she committed suicide because of mental ailment cannot be over ruled. That is the matter which has been considered at the time of trial. The alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstances, I feel that if petitioner/accused No.1 is ordered to be released on bail by imposing stringent conditions, it is going to meet the ends of the justice.
8. In the light of the above discussion, the petition is allowed. Petitioner/accused No.1 is enlarged on bail in Crime No.612/2018 (S.C.No.60242/2018) of Marathahalli Police Station for the offences punishable under Sections 498-A and 304(B) read with 34 of IPC subject to the following conditions:
1. 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.
2. He shall not tamper with the prosecution evidence directly or indirectly 3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall not indulge in similar type of activities till the completion of the trial.
5. He shall mark his attendance once in fifteen days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the trial is concluded.
Sd/- JUDGE KA*