IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9415 OF 2018 BETWEEN:
Sri. Murali S/o Devareddy, Aged about 21 years, Residing at No.5, Maruthi Garden, Junnasandra, Sarjapura Road, Bengaluru – 560 037.
(By Smt. Saritha .A.L., Advocate for Sri.S.B.Srinivasa, Advocate) AND:
State by Bellandur Police Bengaluru Represented by SPP High Court of Karnataka Building, ...Petitioner Bengaluru – 560 001. ...Respondent (By, K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.335/2018 (C.C. No.31545/2018) registered by Bellanduru Police Station, Bengaluru for the offence punishable under Sections 498(A) and 304(B) r/w 34 of IPC.
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.335/2018 of Bellandur Police Station for the offences punishable under Sections 498(A), 304(B) read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that deceased- Smt.T.G.Archana got married with the petitioner on 10.05.2018. The deceased is the daughter of petitioner’s aunt and it was an arranged marriage. It is further alleged that after marriage, the petitioner and the deceased-Smt.T.G.Archana started living at Bengaluru. Thereafter, petitioner, his mother and father started illtreating and harassing and also started to demand cash, as her father is not having male issues and that she has to bring the properties. In this behalf, they used to illtreat the deceased-Smt.T.G.Archana physically and mentally. Even many a times galata took place and the same was informed by the deceased- Smt.T.G.Archana to the complainant. It is further alleged that on the night of 28.08.2018, the deceased- Smt.T.G.Archana informed the complainant that she is willing to come to their house but, the complainant said that there is festival on Saturday and on that day she can come. On 29.08.2018, complainant’s sister-in-law’s brother’s son Nagaraja forcefully took the complainant to the house of the deceased-Smt.T.G.Archana. When they visited their house, the family members informed that Smt.T.G.Archana has expired and they came to know that the deceased committed suicide by hanging and thereafter, a complaint was registered.
4. It is submitted by the learned counsel for the petitioner that the alleged incident has taken place within three months after the marriage. The deceased is a relative of the petitioner and she was not willing to marry him, as such, she has committed suicide. There is no alleged demand of dowry. He submits that other accused have been released on bail and petitioner is also entitled for bail on the ground of parity. He further submits that charge sheet has been filed and the petitioner is not required for further investigation and interrogation. He further submits that the Doctor has opined in the postmortem report that death is due to hanging and no injuries were found on the body of the deceased. On these grounds, the learned counsel prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there is ample material to show that the petitioner along with other accused illtreated and harassed the deceased for demand of the property. Because of the illtreatment and harassment, she has committed suicide. As per Section 113A of Indian Evidence Act, if a woman commits suicide within seven years of marriage, presumption can be drawn as dowry death. Under such circumstances, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition.
7. On perusing the complaint and other materials, though it is alleged that the petitioner and his family members used to ask the deceased to bring the property as the father of the deceased was not having any male child. They use to harass the deceased physically and mentally. On perusing the postmortem report, no injuries were found on the body, only the ligature mark on the neck is found. Whether there was a demand of dowry and because of that she committed suicide by hanging, is a matter to be considered and appreciated during the course of trial. At this stage, it cannot be gone into by this Court. When the other accused have been released on bail on the ground of parity, the petitioner is entitled to be released on bail.
8. Taking into consideration the above facts and circumstances, the petition is allowed. Petitioner/accused No.1 is enlarged on bail in Crime No.335/2018 of Bellandur Police Station for the offences punishable under Sections 498(A), 304(B) read with Section 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 either directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
Sd/- JUDGE UN