IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 3264/2019 Between:
Sri. Thammaiah S/o. Sri. Kumara Aged about 30 years, R/at Baby Village, Chinakurali Hobli, Pandavapura Taluk, Mandya District 571 455.
… Petitioner (By Sri. C. R. Gopalaswamy, Advocate) And:
State of Karnataka By Pandavapura Police Station Represented by Public Prosecutor State Public Prosecutor High Court Building, Bengaluru 560 001.
(By Sri. S. Rachaiah, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to release the petitioner on bail I Crime No.53/2019 of Pandavapura Police Station for the offences punishable under Sections 498A, 304B read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the Civil Judge JMFC, Pandavapura, Mandya District.
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.53/2019 for the offences punishable under Sections 201, 498A, 304B read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. The case of the prosecution is that a complaint was filed by the father of the deceased stating that on 21.02.2019 complainant received an information that his daughter had committed suicide by hanging. It is further stated that the deceased had married the petitioner on 10.11.2016 and though amount was paid in the form of dowry at the time of marriage, there was harassment subsequently for additional dowry in the form of gold ornaments.
Accordingly, it is stated that the deceased was driven to commit suicide. On the basis of the complaint, FIR had been lodged in Crime No.53/2019 for the offences as aforestated.
3. Learned counsel for the petitioner states that the other accused are enlarged on anticipatory bail and contends that as investigation is complete and charge sheet has been filed, continuation of detention of the petitioner would not be required as custodial interrogation is complete and the present proceedings cannot be treated to be punitive in nature.
4. It is noticed that the petitioner is in custody since 19.3.2019, investigation is complete and charge sheet has been filed. Question as to whether the petitioner has committed the offence as alleged is a matter to be proved during trial. Present proceedings cannot be considered to be proceedings for punishment.
5. The Sessions Court had rejected the bail application of petitioner observing that charge sheet was not filed. However, it is noticed that investigation is complete and charge sheet has been filed. Also noting that the other accused are enlarged on anticipatory bail, petitioner is entitled to be enlarged on bail.
6. 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.53/2019 for the offences punishable under Sections 201, 498A, 304B 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