IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6965/2019 BETWEEN SRI. JAYARAM AGED 32 YEARS S/O. K.R. RAMAMURTHY R/AT. E40, 1ST A MAIN ROAD GRACE PUBLIC SCHOOL MUNESHWARA LAYOUT LAGGERE, PEENYA SMALL INDUSTRIES BENGALURU – 560 058 ... PETITIONER (BY SRI. A. RAVISHANKAR, ADVOCATE) AND THE STATE OF KARNATAKA BY NANDINI LAYOUT POLICE STATION BENGALURU REP. BY S.P.P., HIGH COURT BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.306/2019 OF NANDINI LAYOUT P.S., BENGALURU CITY FOR THE OFFENCE P/U/Ss. 498A, 307 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The wife of the petitioner has lodged a complaint on 17.08.2019 making allegations that, on 09.06.2019, the marriage between the petitioner and the complainant has taken place and thereafter she started living in her matrimonial home. It is alleged that at the time of marriage, a sum of Rs.3.00 lakhs and other gold articles were given to the petitioner/accused and his family members in consideration of the marriage. It is also alleged that, further demand for Rs.3.00 Lakh was made by the accused persons including this petitioner/accused. In this context, a complaint was lodged on 07.08.2019 before Vanitha Vani and there was some counseling in this regard. Again in the night hours on 17.08.2019 this petitioner, his mother and sister have forcibly administered some tablets to her apart from assaulting her and thereafter, she was admitted to the hospital and after taking treatment, she lodged a complaint before the respondent-police.
3. Learned counsel has brought to the notice of this Court that on 16.07.2019 ie., prior to the lodgment of the complaint itself, a notice was issued by the husband to the complainant-wife calling her back to the matrimonial home within seven days in order to perform her obligations as a dutiful wife, otherwise, the petitioner/accused would go to the court for remedies. The learned counsel also brought to the notice of this Court that, on the same day of the incident ie., on 17.08.2019 she was admitted to the hospital. The hospital records shows that, actually the complainant was got admitted to the hospital by her husband and his family members around 4.30 am., where she has stated that she was administered with 10 to 15 tablets and the name of which is not known to her and the Doctor has opined that there are absolutely no external injuries including bruises, but she sustained some giddiness, headache and unconsciousness for some time. Except that, at present, no materials are available on record to show that whether the victim has got vomiting and any contents of stomach has been taken for the purpose of identifying the tablets said to have been forcibly administered to her .
4. It is submitted that, the petitioner has already been arrested and the investigation so far as this petitioner is concerned is over and he has been remanded to judicial custody. It appears, he is no more required for any further investigation. It has to be ascertained only during the course of evidence that there was any attempt to commit her murder by the petitioner and his family members has to be established by proving the type of tablets which were said to have been administered to the victim/complainant and whether such administration of tablets is sufficient for causing death of any person.
5. It is submitted that some compromise talks are going on between the complainant and the petitioner/accused. Looking to the records it appears that, it is a family dispute between the husband and wife and presently no physical injury or damage has been done to the victim lady. Therefore, in the facts and circumstances, the petitioner is entitled to be enlarged on bail on certain conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner/accused-Jayaram shall be released on bail in connection with Crime No.306/2019 of Nandini Layout Police Station, Bengaluru City, registered against him for the aforesaid offences, now pending before the court of VII Addl. Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions:
(i) The petitioner shall execute his 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 tamper 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, till the case registered against him is disposed of.
vi) The petitioner shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
Sd/-
JUDGE KGR*