IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7588/2019 BETWEEN GIRISH. D.A.
S/O LATE. SEERAIAH @ ANDHANAIAH @ PEDDA AGED ABOUT 35 YEARS R/AT NO.894, 3RD CROSS BEML LAYOUT, 5TH STAGE RR NAGAR, BENGALURU – 560 098 AND ALSO AT DODDAPALYA VILLAGE KEMPANAHALLI POST KUNIGAL TALUK TUMKUR DISTRICT – 572 130 ... PETITIONER (BY SRI. M. SHASHIDHARA, ADVOCATE) AND STATE OF KARNATAKA BY RR NAGARA P.S.
REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.83/2019 OF RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFNCE P/U/S 498-A AND 304-B R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.1 in the charge sheet laid by the respondent-Police in CC No.18371/2019 (Crime No.83/2019 of respondent- Police Station) for the offence punishable under Sections 498-A and 304-B of IPC and Sections 3 & 4 of the Dowry Prohibition Act, which is now pending before the Court of III ACMM Court, Bengaluru.
3. The brief facts of the case are that, the deceased Manjula was given in marriage to the petitioner on 14.05.2016. It is stated that, some cash, gold and other articles were given in marriage. After the marriage, it is alleged that the petitioner and his sister started ill-treating and harassing the deceased in demand of a site, money etc. In that context, on the intervening night of 14/15th May, 2019, the said lady committed suicide by hanging herself in the house of the accused by leaving a death note.
4. Learned counsel for the petitioner has drawn the attention of the Court to the death note left by the deceased. On careful perusal of the death note, it revealed that the petitioner/accused and his sister have been ill-treating and harassing her and that made her life miserable, and therefore, she committed suicide, there is nothing about demand of dowry, site, etc. alleged to have been made by the accused persons. Therefore, the factum that, whether there was any ill- treatment and harassment by the accused persons in demand of dowry that too soon before the death of the deceased has to be proved, so as to attract Section 304 of IPC.
5. The records reveal that, the petitioner has already been arrested and he has been in judicial custody since 15.05.2019 and charge sheet has already been filed. Therefore, in the above facts and circumstances of the case, I am of the opinion that the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner (A1)- D.A. Girish shall be released on bail in connection with CC No.18371/2019 (Crime No.83/2019 of respondent-Police Station) for the aforesaid offences, now pending before the Court of III ACMM, Bengaluru, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*