IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2527/2019 Between:
Sri. Mahesh Babu S/o. Late Rajanna, Aged about 28 years, R/o. Dimbala Village, Kasaba Hobli, Srinivaspur Taluk, Kolar District 563 101.
… Petitioner (By Sri. Nanjunda Gowda M.R., Advocate) And:
The State of Karnataka By Srinivaspura Police, Represented by State Public Prosecutor, High Court Buildings, Bengaluru 560 001.
(By Sri. S. Rachaiah, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.331/2018 of Srinivasapura police for the offences punishable under Sections 304(B), 498(A) read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.331/2018 for the offences punishable under Sections 304B, 498A, 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. The case of the prosecution is that a complaint was filed by the father of deceased alleging that the petitioner and the deceased were married and that at the time of marriage gold ornaments were given. It is further stated that the petitioner and his mother i.e., accused Nos. 1 and 2 had sold the gold ornaments given to deceased and there were quarrels when the deceased questioned the petitioner and his mother regarding the sale of her ornaments. It is further stated that there were demands for dowry from the petitioner’s side and it is alleged that the deceased was being harassed in that regard. It is stated that on 05.11.2018, petitioner had informed the complainant that his daughter had died. On the basis of the complaint, FIR is lodged, investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioner submits that the proof of commission of offence is a matter for trial. As to whether the acts of alleged harassment have taken place is a matter to be proved during trial and as to whether the acts of petitioner led the deceased to commit suicide is also a matter for trial. Taking note of the fact that charge sheet has been filed after investigation, that the petitioner has been in custody since 07.11.2018 and looking into the nature of offence alleged, petitioner is entitled to be enlarged on bail.
4. It is noticed that Sessions Court had rejected the petition of the petitioner observing that prima facie case has been made out. However, in light of the observations made above, petitioner is entitled to be enlarged on bail.
5. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.331/2018 for the offences punishable under Sections 304B, 498A, 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP