IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No.1017 OF 2019 BETWEEN:
Nagesh, S/o Manohar, Aged about 26 years, R/o K.G. Srikantapura Village, Dasanapura Hobli, Bengaluru Hobli, Bengaluru North Taluk, Bengaluru – 562 162.
(By Sri. H.S. Santhosh, Advocate) AND The State of Karnataka By Madanayakana Halli, P.S. Nelamangala, Rep by SPP, High Court Building, Bengaluru - 560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Petitioner …Respondent This criminal petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.291/2018 of Madanayakanahally Police Station, Bengaluru District for the offence punishable under Sections 498A and 304B read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
This Criminal petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner-accused No.1 to enlarge him on bail in Cr.No.291/2018 registered by Madanayakanahally Police Station for the offences punishable under Sections 498-A and 304-B read with 34 of IPC.
2. The allegations against the petitioner is that the petitioner married deceased Ashwini in the year 2011. It was inter religion marriage and they had two children. On 25.05.2018 the deceased committed suicide in the house of accused by hanging herself to a ceiling fan. Mother of the deceased lodged complaint against the petitioner and other accused persons.
3. Learned counsel for the petitioner submits that petitioner was arrested on 29.05.2018 till now, he is in judicial custody. The marriage of the petitioner with the deceased was taken place in the year 2011 and two children were born out of their wedlock. As such, allegation of demand for dowry does not arise. There were no harassment to the deceased from the petitioner and his parents. Accused Nos. 2 to 4 are already granted bail by the Sessions Court. Petitioner is innocent and law abiding citizen. He has to take care of his parent and two children. If he is enlarged on bail, he is ready to abide by any conditions that may be imposed on him by this Court. Hence, prayed to allow the petition.
4. Per contra, learned HCGP contended that there are sufficient materials to show the commission of offence by the petitioner. The petitioner has illicit relationship with the accused No.3. Hence, prayed to dismiss the petition.
5. Upon hearing the arguments of both the side, no doubt deceased Ashwini committed suicide on 25.05.2008. Prior to that there was no allegation against the petitioner with regard to the harassment or demand for dowry and marriage of deceased with accused was love marriage which was held seven years ago. Though, the statement of witness recorded, there is no direct allegation against the petitioner and his family members about the abetment of the suicide by the deceased. Now the charge sheet has been filed after completing the investigation. The alleged offences are not punishable either with death or life imprisonment. The offence may attract Section 306 of IPC. Therefore, considering the facts and circumstances of the case, the petition deserves to be allowed.
Accordingly, the criminal petition is allowed.
The petitioner-accused No.1 is ordered to be released on bail, in Crime No.291/2018 of Madanayakanahally Police Station for the offences punishable under Sections 498(A) and 304(B) read with Section 34 of IPC and 4 of D.P. Act, subject to the following conditions:-
(i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the trial Court or Committal Court;
(ii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;
(iii) Petitioner shall not leave the jurisdiction without prior permission of the trial Court, and (iv) Petitioner shall mark his attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every Monday for a period of six months or till commencement of trial whichever is earlier.
SD/- JUDGE JS/-