IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2489 OF 2019 BETWEEN:
1. Sri.Yallapa S/o Venkatesh, Aged about 28 years 2. Sri Venkatesh @ Yankoji, S/o Balappa Arera, Aged about 52 years, Both are R/a No.401, Buldota, 2nd Cross, 14th Main, Munivenkatappa A layout, Bangalore-560061, (Accused 1 and 2 are in Judicial Custody) ...Petitioners (By Sri.B.G.Lokesha, Advocate) AND:
State by Subramanyapura Police Station, Represented by State Public Prosecutor High Court of Karnataka, Bangalore-560001. ...respondent (By Smt.Namitha Mahesh.B.G, HCGP) This criminal petition is filed under section 439 of the code of the criminal procedure code praying to enlarge the petitioner on bail in Cr.No.423/2018 (C.C.No.6320/2019) of Subramanyapura P.S., Bangalore for the offence P/U/S 498A, 304B R/w of IPC and Sec.3, 4 of DP 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 petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., to release them on bail in Crime No.423/2018 of Subramanyapura Police Station for the offence punishable under Section 498A, 304B read with 34 of IPC and Section 3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that the marriage of the daughter of the complainant was performed with petitioner/accused No.1 on 21.04.2017 by giving some dowry and gold articles. Subsequently, there was ill- treatment and harassment caused by the petitioners/accused to the deceased for bringing the additional dowry and gold. Because of the ill-treatment and harassment, the deceased committed suicide by hanging on 29.12.2018. On the basis of this complaint, the said case has been registered.
4. It is the submission of the learned counsel for the petitioners/accused Nos.1 and 2 that the petitioners/accused Nos.1 and 2 are innocent. They have not committed any offences alleged against them. It is his further submission that no dowry has been paid at the time of marriage. Subsequently, there was no ill- treatment and harassment for bringing the dowry. Even the petitioner/accused No.1 has spent the money for the marriage not even single paisa has been paid by the complainant. It is further submitted that the deceased was insisting to have separate house. Hence, the petitioner/accused No.1 told that his mother is no more and he is having a small sister and brother and after they attaining the age of the majority, they can have the separate house, inspite of her insistent, when he did not agree, then she committed suicide and it is not dowry death. It is further submitted that they are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there is ample material to show that the petitioner/accused No.1 along with accused No.2 has consistently ill- treated and harassed the deceased for demand of dowry. Because of the physical harassment, the panchayath was held and even the statement of PW 1, 2 and 11 clearly goes to show that deceased was died due to ill- treatment and harassment caused by the petitioner/accused Nos.1 and 2 for demand of dowry. It is further submitted that earlier to the alleged incident, she tried to commit suicide by hanging herself but somehow she survived. Subsequently, she committed suicide. But all the prima facie material goes to show that there was ill-treatment and harassment by the petitioner/accused No.1. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the contents of the charge sheet materials, though there is allegations and materials to show that there was ill-treatment and harassment for demand of dowry and a Panchayath was also held. The deceased used to tell the said facts to the brother and sister of the deceased. Investigation has been completed and charge sheet has been filed. Insofar as the petitioner/accused No.2 is concerned no such serious allegations have been made. Be that as it may, even the petitioner/accused No.2 is aged about 52 years. It is submitted that he is also suffering from health elements. Under the above said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioner/accused No.2 is ordered to be released on bail, it is going to meet the ends of justice. Insofar as petitioner/accused No.1 is concerned there is ample material to connect the accused No.1 to the alleged offence. The death of the deceased has taken place at the matrimonial home. Hence, the petition concerned to the petitioner/accused No.1 is dismissed.
8. In that light, insofar as the petition filed by the petitioner/accused No.1 stands dismissed. Insofar as the petition filed by the petitioner/accused No.2 is concerned, the same is partly allowed. The petitioner- accused No.2 is ordered to be released on bail in Crime No.423/2018 of Subramanyapura Police Station for the offence punishable under Section 498A, 304(B) read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 subject to the following conditions:
1. Petitioner/accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall regularly attend the trial.
Sd/- JUDGE KTY