IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3260/2019 Between:
Sri T. Suresh, S/o Late Thimmaiah, Aged about 32 years, R/at No.274, 2nd Cross, 2nd Main, Kanteerava Nagar, Nandini Layout, Bangalore – 560 031. … Petitioner (By Sri Sathisha, Advocate) And:
State of Karnataka, Bengaluru City, By Nandini Layout Police, Represented by Special Public Prosecutor, High Court Complex, Bangalore – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.438/2018 of Nandini Layout Police Station, Bengaluru City for the offences p/u/s 304(B) r/w Section 34 of IPC and Sections 3 and 4 of D.P. Act.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No. 438/2018 for the offences punishable under Sections 498A, 304B of IPC read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. The case of the prosecution is that the daughter of the complainant (mother of the deceased) has lodged a complaint stating that the petitioner had married the complainant’s daughter and that ever since the date of marriage, the petitioner’s family was harassing the victim for dowry. It is stated that on 29.09.2018, the complainant received information that her daughter was admitted to the hospital. After finding out that her daughter had died, complaint was lodged. On the basis of the complaint, FIR was registered, investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioner states that proof of offence is a matter for trial. It is admittedly case of suicide and as to whether acts of harassment of the petitioner led to the deceased committing suicide is a matter to be established during trial. It is further submitted that the petitioner is in custody since 30.09.2018. Taking note of the fact that the question as to whether the harassment of the petitioner and other family members led to the deceased committing suicide is a matter to be proved during trial; that the petitioner is in custody since 30.09.2018; that the investigation is complete and charge sheet has been filed and the present proceedings cannot be treated to be proceedings for punishment, petitioner is entitled to be enlarged on bail.
4. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No. 438/2018 for the offences punishable under Sections 498A, 304B of IPC read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP