IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7046/2019 BETWEEN:
SRI JAYAKRISHNAN S/O SUDANDIRA SUGUMARAN AGED ABOUT 42 YEARS R/AT NO.109/2, MYRIAD QUARTERS, CHAMPION REEFS POST KGF-563 117 … PETITIONER (BY SRI S.BALAKRISHNAN, ADVOCATE) AND:
STATE OF KARNATAKA BY CHAMPION REEFS POLICE STATION REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.11/2015 NOW NUMBERED AS C.C.NO.463/2015 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 304B R/W 34 OF IPC AND SECTIONS 3, 4 AND 6 OF D.P. ACT ON THE FILE OF CHAMPION REEFS POLICE STATION AND PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC AT KGF IN THE ENDS OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused no.2 in Crime No.11/2015 of Champion Reefs Police Station, K.G.F. for the offences punishable under Sections 498A and 307 of IPC and under Sections 3 & 4 of the Dowry Prohibition Act, 1961.
3. The petitioner is the brother of accused no.1. One Hemalatha, sister of the complainant was married to accused no.1 - Krishna Kumar on 01.02.2009. There is an allegation that at the time of marriage, the accused persons have demanded 200 gms. of gold and have taken the same in consideration of the marriage. Thereafter, the accused persons have ill treated and harassed her in demand of further dowry of Rs.5,00,000/-. In this context, it is alleged that on 21.02.2015, the said Hemalatha has committed suicide by burning herself. Thereafter, trial was conducted against accused no.1 - Krishna Kumar. Splitting the case against the petitioner, accused no.1 was acquitted of the charges leveled against him vide judgment dated 20.01.2017 passed by III Additional District and Sessions Judge, Kolar sitting at KGF in S.C.No.156/2015.
4. Learned counsel for the petitioner contended that the petitioner does not know about the registration of the case and trial against accused no.1 in this regard. However, the Court has issued warrants and proclamation against the petitioner in order to secure him. Therefore, there was loss to the exchequer of the State.
5. Looking to the above said facts and circumstances, as accused no.1 has already been acquitted on the same allegations and the petitioner has surrendered himself before the police and he has been in judicial custody since six months, 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 Crime No.11/2015 of Champion Reefs Police Station, K.G.F. registered for the offences punishable under Sections 498A and 307 of IPC and under Sections 3 & 4 of the Dowry Prohibition Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Fifty Thousand 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.
Petitioner shall deposit a sum of Rs.10,000/- before the committal court or trial court towards further litigation expenses and the said amount shall be forfeited to the State after termination of the proceedings against the petitioner. Petitioner, if remained absent, before the trial court or committal court on any two consecutive occasions without intimation to the Court and seeks for exemption, this bail shall not come to the aid of the petitioner. Committal court or trial court is at liberty to take accused no.2 to the custody for further proceedings, if there is any such violation.
Sd/-
JUDGE hkh.