IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.8517/2018 BETWEEN :
Sri Naresh Kumar @ S.Naresh @ Nari S/o late Sundar Aged about 26 years R/at No.71/E, Railway Quarters Diesel Shed Ariya, K.R. Puram, Bengaluru-560 081.
(By Sri Nagaiah, Advocate) AND :
State of Karnataka by K.R.Puram Police Station Represented by Special Public Prosecutor High Court Complex Bengaluru-560 001 (By Smt Namitha Mahesh B.G., HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.210/2018 (C.C.No.55839/2018) registered by K.R.Puram Police Station, Bengaluru, for the offences punishable under Sections 498(A) and 304(B) r/w. Section 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.210/2018 of K.R.Puram Police Station for the offences punishable under Sections 498A, 304B r/w.34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that deceased got married with accused No.1-petitioner herein on 19.3.2018. Accused No.1 was working as Mechanic in Railway Department. On 22.3.2018 marriage reception was performed. At the time of marriage, complainant gave gold ornaments, etc. in the form of dowry. Thereafter accused No.1 started ill-treating and harassing the deceased both physically and mentally by pressurizing her to bring some more dowry. Due to illtreatment and harassment by the petitioner, on 9.4.2018 early morning, the deceased committed suicide by hanging in the house of the petitioner. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that petitioner-accused No.1 is innocent. Already charge sheet has been filed. Earlier a complaint has been registered for having committed the murder of the deceased. But when the charge sheet has been filed it has been filed under Sections 498A and 304B of IPC. He further submitted that already remaining accused persons have been granted anticipatory bail by this Court and on the ground of parity the petitioner is also entitled to be released on bail. He further submitted that PM report clearly goes to show that the death is due to hanging and no external injuries were found over the body of the deceased that itself clearly goes to show that there was no ill-treatment or harassment by accused to bring the dowry. He further submitted that the alleged incident has taken place within 19 days after the marriage. No reasons for the death have been mentioned. He further submitted that the accused No.1 is not having parents. Petitioner is ready to abide by any conditions and ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that four days prior to the alleged incident there was quarrel between the petitioner and the deceased. She further submitted that the petitioner was intending to marry his sister’s daughter and as he got married with the deceased there was altercation in the family. She further submitted as the death is within 19 days after the marriage, it is a presumption that it is a dowry death. She further submitted that the petitioner has not explained as to under what circumstances the death of the deceased has taken place in his house. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint and other material, it indicates that accused No.1 is not having any parents. He got married with the deceased and within 19 days after the marriage, she committed suicide. On perusal of the PM report, except ligature mark, there were no external injuries found on the body of the deceased. Even there are no serious allegations to point out the fact that there was a demand of dowry and at the time of marriage, the complainant paid the dowry in the form of gold etc. Hence, in the absence of such material, it cannot be held that there was ill-treatment and harassment for demand of dowry by the petitioner. The reasons for the death in the matrimonial house are going to be appreciated and considered only at the time of trail. When already the charge sheet is filed and the investigation has been completed, detention of the petitioner in custody is not required for any other purpose. In that light, I feel that by imposing some stringent conditions, if the petitioner is ordered to be released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused No.1-petitioner herein is enlarged on bail in Crime No.210/2018 of K.R.Puram Police Station for the offences punishable under Sections 498A, 304B r/w.34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution witnesses in any manner.
iii) He shall not leave the jurisdiction of the trial Court without prior permission.
iv) He shall mark his attendance on 1st of every month before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the trial is completed.
Sd/- JUDGE *ck/-