IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1473 OF 2019 BETWEEN:
Sri.Yankoji @Venkatesh S/o Balappa Arera, Aged about 52 years, R/at Kandkur Village, Koppala Taluk, Koppala District, Now at No.401, Buldota, 2nd Cross, 14th Main, Munivenkatappa Layout, Bengaluru-560 061.
(By Sri.B.G.Lokesha, Advocate) AND:
State by Subramanyapura Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
(By Sri.M.Diwakar Maddur, HCGP) ...Petitioner ... Respondent This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in Crime No.423/2018 of Subramanya Police Station, Bengaluru for the offence punishable under Section 498A, 304B read with Section 34 of IPC and 3, 4 of Dowry and Prohibition 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.2 under Section 439 of Cr.P.C, seeking to release him on bail in Crime No.423/2018 of Subramanyapura Police Station, Bengaluru, for the offence punishable under Section 498, 304(B) read with Section 34 of IPC and also under Section 3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent- State.
3. The gist of the complaint is that the daughter of the complainant was got married to accused No.1 on 21.04.2017. At the time of marriage the accused No.1 and their family on demand received a sum of `65,000/- and 30 gms of golden articles as dowry. Thereafter, she leaved together in Bengaluru along with the petitioner, father-in-law, brother-in-law and sister-in-law. When she was staying with them, the family members along with accused No.1 started ill-treating and harassing her. She was threatened by accused No.1 and petitioner that they would kill her for additional dowry. The same was intimated by the deceased to the complainant. In this connection, the Panchayat was also convened and was advised to look after the deceased very well in future. It is further stated that when she had come to her father’s house for festival, there also she informed that accused-petitioner is again ill-treating and harassing her. Again panchayat was convened and accused-petitioner pretended to look after the deceased properly and took the deceased to their house in Bengaluru. On 29.12.2018 the daughter of the complainant committed suicide by hanging to the ceiling fan. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner-accused No.2 is no where concerned to the alleged act. He further submitted that if really ill-treatment and harassment was there, the complainant or deceased ought to have filed the complaint. No such complaint has been filed. He further submitted that accused-petitioner is having two minor children and no body is there to look after them. He further submitted that there is no prima facie case made out as against petitioner-accused No.2. He further submitted if really the alleged incident has taken place as contended, no police complaint has been registered. He further submitted that the deceased has committed suicide on her own and not at the instance of petitioner. On these grounds, he prayed to release the petitioner-accused No. 2 on bail and allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that at the time of marriage a sum of `65,000/- and gold was given as a dowry to the accused. But the family members of the accused started ill-treating and harassing her for additional dowry. Though two times Panchayat was held and accused No.1 and 2 were advised to look after her well, they continued to ill-treat and harass her. As a result of the same, within eight months of the marriage, she committed suicide by hanging. He further submitted by referring the statement of two witnesses, she has also informed in detail about ill-treat and harassment to the said witnesses and they were also members of the Panchayat. Looking from any angle, when there is a prima facie material against the petitioner- accused to say that they have ill-treated and harassed the deceased and as a result of the same, the deceased committed suicide. 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 produced along with the petition.
7. On close reading of the complaint and other material, it has been made available that there is evidence to show that there was ill-treatment and harassment to the deceased for demand of dowry and even two times of Panchayat was held and elders have also advised not to ill-treat and harass the deceased. In spite of that they continued to ill-treat and harass the deceased. As a result, the deceased has committed suicide by hanging. Under what circumstances, she committed suicide in a matrimonial home is not forthcoming. I feel it is not a case to release the petitioner-accused on bail. The only ground which has been urged is, accused No.2 is having a minor children and no other person is there to look after them and that is not a good ground to release the petitioner on bail.
In the light of the above discussion, petition is dismissed. However, liberty is given to the petitioner-accused No.2 to move the bail after charge sheet is filed.
Sd/- JUDGE ag