IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3222/2019 Between:
Sri K.L. Murthy, S/o Late Lakshmanappa, Aged about 43 years, R/o J. Channappa Badavane, Holalkere Town, Chitradurga District – 577 526. … Petitioner (By Sri Rahul Rai K., Advocate) And:
The State of Karnataka, Through Holalkere Police Station, Represented by its State Public Prosecutor, High Court Building, Bangalore – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.79/2019 of Holalkere Police Station, Chitradurga for the offences p/u/s 498-A, 304-B r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER The petitioner has filed the application under Section 439 of Cr.P.C. seeking to be enlarged on bail, as he is detained in relation to the proceedings in Crime No.79/2019 on the file of Senior Civil Judge & JMFC Court, Holalkere, Chitradurga relating to the alleged offences punishable under Sections 498A, 304B read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. The petitioner is said to be a lecturer at Government Girls Pre-University College, Belur. The complaint makes out the facts that the deceased was married to the petitioner which was as per the custom and within the wedlock they have a son aged two years.
3. It is alleged that accused No.1, his mother and sister have been abusing and harassing the deceased in order to force her to bring dowry. It is stated that on 17.04.2019 on the basis of a telephone call received from accused No.3, it has come to the complainant’s knowledge that her daughter had died. On the basis of the complaint registered, the petitioner has been taken into custody on 18.04.2019.
4. The petitioner states that he has been working at the Government Girls Pre-University College, Belur, while the deceased was staying with his mother at Chitradurga. It is further stated that the alleged incident is said to have occurred on 17.04.2019 and on the said day, he was posted for election duty at Holenarasipura which is about 200 Kms. away from the place of the incident.
5. It is further stated that the investigation is at an advanced stage and that the witnesses that the prosecution would rely are mainly the relatives of deceased, who stay at Shivamogga. As deceased is from Shivamogga and as the petitioner himself was working in Belur and his mother stays at Chitradurga, the question of petitioner prevailing upon the witnesses threatening or inducing them does not arise and the petitioner further states that he would cooperate with the Investigating Authorities.
6. It is further stated that the petitioner has a two year old child and the said child is at present with the petitioner’s mother and the petitioner’s mother is aged about 75 years. Therefore, apart from looking after the petitioner’s mother, the requirement of petitioner’s son are such that the petitioner is required to be enlarged on bail.
7. The prosecution opposes the grant of bail and states that investigation is not complete and that there is possibility of petitioner absconding.
8. Perused the investigation records available with the learned Government Pleader. On a careful perusal, it becomes evident that the investigation is at an advanced stage. It is to be noticed that in offences such as that which is alleged, the Prosecution would rely upon the witnesses, who are relatives of deceased. It cannot be said that such of the witness could be easily influenced.
9. It is also to be noted that the petitioner himself is a lecturer at a Government College and the apprehension that petitioner may abscond does not appear to be acceptable.
10. Taking note of the fact that the question as to whether the deceased had committed suicide as a result of harassment by the petitioner is a matter to be proved during trial, noticing that on the date of incident the petitioner was at Holenarasipura on election duty, which is 200 Kms. away from the place of incident, it is a case where the petitioner could be enlarged on bail, subject to conditions.
11. It is to be further noted that the mother and sister of the petitioner have been enlarged on anticipatory bail. It is also to be noted that the learned Sessions Judge while allowing the applications filed by the mother and sister of deceased has rejected the petition of the petitioner and has stated that there is possibility of tampering with the witnesses and destroying the evidence.
12. However, on a perusal of the case diary and taking note of the stage of investigation and noting that the majority of investigation is complete, this petition is allowed, subject to the following conditions.
(i) The petitioner shall execute a personal bond of Rs.1,00,000/- (Rupees one Lakh only) with a surety for the likesum to the satisfaction of the Investigating officer.
(ii) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness or hamper directly or indirectly the investigation.
(iv) The petitioner shall physically present himself and mark his attendance before the concerned SHO once every fortnight till filing of the charge sheet.
(v) The petitioner shall not enter Shivamogga without the permission of the Court.
(vi) Any violation of the aforementioned conditions by the petitioner, howsoever minor, shall result in automatic cancellation of bail.
Sd/- JUDGE VGR