IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8511/2017 BETWEEN:
Sri Naveen @ Naveen Kumar S/o Late Venkatappa Aged about 28 years Keshavara Village Nandi Hobli Chikkaballapura Taluk Pin-562 101. ... PETITIONER (By Sri Sudharshana M L, Adv.) AND:
State of Karnataka By Town Police Chikkaballapura By State Public Prosecutor High Court Building Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.232/2016 (C.C.No.547/2017) in Chikkaballapura Town P.S., Chikkaballapura District, for the offences P/U/Ss 498(A), 302, 304(B) read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 498A, 304B r/w Section 34 of IPC and also under Sections 3 and 4 of the Dowry Prohibition Act registered in respondent – police station Crime No.232/2016 and now pending in S.C.No.61/2017 on the file of I Addl. District and Sessions Judge, Chickballapura.
2. The complainant is the mother of the deceased wherein it is stated that her daughter was given in marriage to the petitioner herein about four years back. The couple are having one male child of two years old as on the date of incident. It is also stated that petitioner’s parents and his brother were giving ill-treatment and harassment to the deceased in connection with dowry amount and because of that reason, she committed suicide by hanging on 14.12.2016. On the basis of the said complaint case was registered for the above said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
5. Though there are allegations in the complaint by the mother of the deceased against the petitioner, but petitioner has denied all the allegations stating that false allegations are made and he is innocent and not involved in committing the alleged offences nor demanded dowry amount and not given any ill- treatment to the deceased in connection with dowry amount.
6. According to the prosecution the incident took place in the parental house of the deceased and in the complaint there is no mention by the mother that her daughter was telling her about the alleged ill treatment and harassment to her in connection with dowry. No doubt the mother has stated that they were giving ill- treatment and harassment to her daughter. Now the investigation is completed and charge sheet is also filed. The alleged offences are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be admitted to regular bail.
7. Accordingly, petition is allowed.
Petitioner/accused No.1 is ordered to be released on bail for the offences punishable under Sections 498A, 304B r/w Section 34 of IPC and also under Sections 3 and 4 of the Dowry Prohibition Act registered in respondent – police station Crime No.232/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp