IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4890/2019 BETWEEN SRI. PANDURANGA S/O LATE. SHIVALINGAIAH AGED 36 YEARS R/AT. RANGAPURA VILLAGE HANDANKERE HOBLI C.N.HALLLI TALUK TUMAKUR DISTRICT – 572 226 ... PETITIONER (BY SRI. R. V. SHIVANANDA REDDY, ADVOCATE) AND STATE OF KARNATAKA BY HANDANAKERE POLICE C.N. HALLI TALUK TUMKURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 …. RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO. 118/2018 OF HANDANAKERE POLICE STATION, TUMAKURU, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 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 Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. Petitioner is the husband of the deceased Yashodamma, whose marriage has been taken place with the deceased on 23.04.2017 and thereafter it is alleged that the accused persons have been ill-treating and harassing the deceased in demand of Gold Mangalya Chain and a Motor Bike in consideration of marriage. It is also alleged that, at the time of marriage also, the accused persons have taken Rs.40,000/- cash and 15 grams of gold chain and 02 sets of ear-studs and hangings etc. towards dowry. It is alleged that after the marriage, there were some differences between the husband and wife and in fact about 3½ months prior to the incident in question, the deceased had been to her parental house and after some compromise, she was brought back to her matrimonial home. Thereafter, for about two months, the accused persons did not do anything to the deceased, but thereafter, they again started ill-treating and harassing the deceased and in that context, it is alleged that on 28.12.2018, the deceased committed suicide in the house of the accused by hanging herself in the kitchen. On these allegations, though the respondent-Handanakere police have registered a case in Crime No.118/2018 for the offences punishable under Section 498-A, 304(B), 302 r/w. 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, investigated the matter, but laid the charge sheet against the accused persons before the Court of Additional Civil Judge (Jr.Dn.) and JMFC, Chikkanayakana Halli, Tumakuru, excluding the offence under Section 302 of IPC.
3. On careful perusal of the entire materials on record, it is clear that there are some differences between the deceased and the petitioner (A1) and his family members, about 3½ months prior to the incident in question. Therefore, at present, as to what transpired in 3½ months till the date of incident, is not forth-coming in the entire charge sheet. Therefore, the prosecution has to prove whether or not the provisions of Section 304(B) of IPC attracts or not for the alleged ill-treatment and harassment meted-out to the deceased in demand of dowry soon before the death of the deceased during full-dressed trial.
5. In the above said facts and circumstances of the case and since he has been in judicial custody for more than 7½ months, in my pinion, the petitioner is entitled to be enlarged on bail, Hence, the following:-
ORDER The petition is allowed. The petitioner (A1)- Panduranga shall be released on bail in connection with C.C No.173/2018 arising out of Crime No.118/2018 of Respondent-Handanakere Police Station, for the offence punishable under Section 498-A, 304(B) r/w. 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, now pending on the file of Additional Civil Judge (Jr.Dn.) and JMFC, Chikkanayakana Halli, Tumakuru, subject to the following conditions:-
i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not tamper the prosecution witnesses.
iii) The petitioner shall appear before the trial Court on all future hearing dates unless exempted for any genuine reasons by the Court.
iv) The petitioner shall not leave the jurisdiction of the concerned trial Court without prior permission till the case registered against him is disposed of.
Sd/-
JUDGE KGR*