IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 9377 OF 2018 BETWEEN:
Sri Rajesh, S/o. late Doddamuniyappa, Aged about 36 years, Residing at Lakkondahalli Village, Hoskote Taluk, Bengaluru Rural District – 562 114. ...Petitioner (By Sri Abhishek N.V., Advocate) AND:
The State of Karnataka, By Hoskote Police Station, Hoskote Taluk, Bengaluru Rural District, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001. ...Respondent (By Smt. Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 439 of Cr.PC praying to enlarge the petitioner on bail in Crime No.474/2018 of Hoskote police station, for the offence punishable under Sections 302, 304B, 498A of IPC and Section 3, 4 of D.P. Act.
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 regular bail in Crime No.474/2018 of Hoskote Police Station for the offence punishable under Sections 302, 304B, 498A of IPC and Sections 3 and 4 of Dowri Prohibition Act.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The case of the complainant is that the daughter of the complainant was given in marriage to the accused No.1 about two years prior to the alleged incident. It is further alleged that during the marriage, some gold articles and cash was given in the form of dowry and thereafter, deceased gave birth to a child. Thereafter, accused persons started demanding further dowry and also started ill-treating and harassing her daughter and in that light, she committed suicide by hanging in her matrimonial home on 10.10.2018 at about 8.30 a.m. On the basis of complaint, case has been registered.
4. It is the submission of learned counsel for the petitioner that already charge sheet has been filed and at the time of alleged incident, the accused petitioner was not at home. He further submitted that accused No.2 mother of the petitioner has already been released on bail by the trial Court and on the ground of parity, the accused petitioner is also entitled to be released on bail. He further submitted that the accused petitioner is no way concerned to the alleged crime. He is ready to abide by the terms and conditions that may be imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and release the petitioner on bail.
5. Per contra, learned HCGP vehemently argued and submitted that death of the deceased has taken place immediately after two years of her marriage in the matrimonial home and presumption can be drawn that the death of the deceased is homicidal death. The petitioner has not made out any grounds under what circumstances, the deceased committed suicide in the matrimonial home. She further submitted that there is evidence to show that the accused petitioner along with accused No.2 assaulted and harassed the deceased for dowry. Even the neighbhoring witnesses, who were residing by the side of matrimonial home have stated in their statement about the ill-treatment, harassment and demand of dowry. He further submitted that the accused petitioner is addicted to alcohol and also pledged the gold articles, that itself clearly goes to show there was demand for dowry. He further submitted that accused No.2 has been released on bail as she was suffering from cancer and parity ground is not available to the petitioner. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been made available along with the petition.
7. On going through the charge sheet material and other records which has been produced in this behalf, admittedly, death of the deceased has taken place within two years of her marriage in the matrimonial home and it is specific allegation of the prosecution that there was demand of dowry and thereafter, subsequently, the petitioner along with accused No.2 started ill-treating and harassing the deceased for payment of dowry and even panchayath was also held in this behalf and even the complainant agreed to pay the amount after some time. All these materials clearly go to show that there is ample material as against the accused petitioner. Even the accused petitioner has not made out any ground under what circumstances, the deceased has committed suicide other than the demand of dowry.
8. In the present facts and circumstances, the accused petitioner has not made out any good ground to release him on bail. Hence, the petition is dismissed.
Sd/- JUDGE PN/-