IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7063 OF 2019 BETWEEN :
MANJANAIKA, S/O. CHANDRANAIKA, AGED ABOUT 26 YEARS, AGRICULTURIST, R/O. YALUGERE THANDYA, TARIKERE TALUK, DIST:CHIKMAGALUR.
... PETITIONER (BY SRI: DESAI S.V., ADV.,) AND :
STATE OF KARNATAKA, BY TARIKERE POLICE STATION, TARIKERE, CHIKMAGALUR, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
... RESPONDENT (BY SRI: ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.41/2019 OF TARIKERE TOWN POLICE STATION, CHIKKAMGALURU FOR THE OFFENCE P/U/S 498-A AND 304-B R/W SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP, for the respondent State. Perused the records.
2. The petitioner is arraigned as Accused No.1 in Crime No.41/2019, later culminated in to Sessions Case No.98/2019 of Tarikere Town Police Station for the offence punishable under Sections 498-A and 304-B r/w Section 34 of IPC. The accused Nos.2 to 4 have already been released on bail.
3. There is no dispute that the petitioner is the husband of the deceased Pavithra Bai and the petitioner and the said lady were residing together at Kallathigiri Village. It is alleged that the accused after the marriage, after lapse of two months started demanding money. About 4 to 5 months prior to the incidence, the complainant who is the brother of the deceased Pavithra Bai has given an amount of Rs.1 Lakh and requested the petitioner to look after the deceased with all love and affection. Except these facts, nothing is available on record that thereafter also there was persistence of any further demand with reference to dowry from the accused.
4. Looking to the above said circumstances, the allegations are that the accused once demanded some amount from the complainant. Therefore, it has to be established during the course of trial that soon before the death of the deceased, there was demand for dowry and cruelty was meted out on the deceased, which virtually sufficient for a woman to commit suicide.
5. Under the above said circumstances, though the prosecution has shown the marriage between the petitioner and the deceased and the death occurred by way of suicide within seven years from the date of marriage, but still the prosecution has to prove the remaining ingredients of the said findings. Further, it is seen that the charge sheet has already been filed, the petitioner is entitled to be enlarged on bail. Hence, I pass the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.41/2019 of Tarikere Town Police Station, registered for the offence punishable under Sections 498-A and 304-B r/w Section 34 of IPC 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 indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the 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 Snc