IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4526/2019 BETWEEN:
SRI.YASHWANTH S/O.GANGANNA AGED ABOUT 32 YEARS R/AT.BASTHIHALLI SHANTHIGRAMA HOBLI HASSAN TALUK HASSAN – 573 201 (BY SRI L.SUDARSHAN ADV.,) ... PETITIONER AND:
STATE BY SHANTHIGRAMA POLICE STATION HASSAN REPRESENTED BY SPP HIGH COURT BENGALURU – 560 001.
…RESPONDENT (BY SRI HONAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.22/2019 REGISTERED BY SHANTHIGRAMA POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 498(A), 304(B) AND 306 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORFERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent- State. Perused the records.
2. The respondent – police have laid charge sheet against the petitioner for the offences under Sections 498-A, 304-B and 306 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
3. The brief allegations as could be seen from the charge sheet papers are that the victim lady by name - Mamatha was given in marriage to the petitioner in the year 2015. Thereafter, she came to the matrimonial home and started to live with the petitioner. The allegations are that, at the time of marriage, dowry by way of cash as well as some gold articles and other articles were given to the petitioner. By spending about Rs.5 lakhs, marriage was performed by the complainant. It is further alleged that after some days of the marriage, accused, his father and mother started demanding further dowry amount of Rs.10 lakhs It is also alleged that on 16.3.2019, the deceased informed her father that her father-in-law and mother- in-law and the accused have ill-treated her and on that day, she was ill-treated by them for demand of dowry etc., in this context, on 16.3.2019, the deceased told them that she would leave the house and commit suicide. Infact, she also told the complainant that accused No.1 provoked her to go and die. With this background, it is alleged that the deceased consumed pesticide and committed suicide. Though she was admitted to the hospital, she did not survive and died in the hospital. On these allegations, charge sheet has been laid. The accused – petitioner was arrested on 21.03.2019 and since then, he has been in judicial custody. Though allegations were made in the first information report against the petitioner, his father and mother, the charge sheet is laid only against the petitioner.
4. During the course of investigation, the dying declaration of the deceased – Mamatha was recorded in the hospital on 18.03.2019 by the Tahsildar, Yelahanka Taluk, Bangalore. Learned counsel for the petitioner drawn my attention that there is no allegations as against the petitioner whatsoever in the dying declaration. On perusal of the dying declaration, the deceased – victim has stated that, on that particular date at about 5.30 p.m. she consumed poison and she has stated that her father-in-law and mother-in-law were scolding her and it was decided that petitioner and the victim have to live separately in a separate house, as the petitioner did not go with her leaving his father and mother, being frustrated she has committed suicide by consuming poison. The above facts and circumstances disclose that the victim has not made any allegations against the petitioner in her dying declaration, though her father has made serious allegations against the petitioner. Thus, allegations made by them has to be established beyond reasonable doubt during the course of full fledged trial.
5. When two views are apparent, at this stage, in my opinion, petitioner is entitled to be enlarged on bail by considering the nature of allegations and facts of the case and also the period of incarceration of the petitioner. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.22/2019 of Shanthigrama Police Station registered against him for the offences punishable under Sections 498-A, 304-B and 306 of IPC and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE VMB