IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8176/2018 BETWEEN:
Krishna, S/o Papanna, Aged 35 years, R/at Athimagere Gate, Madabal Hobli, Magadi Taluk, Ramanagara District – 562 159.
(By Sri.Manjunath C., Advocate & Smt. Manasa J., Advocate) AND:
State of Karnataka, By Magadi Police Station, Represented by Public Prosecutor, High Court of Karnataka, Bangalore.
(By Smt. Namitha Mahesh B.G., HCGP; Notice served on complainant) ...Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.139/2018 (Spl.C.No.133/2018) of Magadi P.S., Ramanagar District for the offences P/U/S 498A, 302, 304(b) of IPC and Sec.3(2)(Va) of SC/ST (POA) 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.1 under Section 439 of Cr.P.C., seeking his release on bail in Crime No.139/2018 of Magadi Police Station for the offences punishable under Sections 498A, 306, 304B and 109 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State. Though the notice is served to the complainant, he remained unrepresented.
3. Gist of the complaint is that the marriage of the deceased was performed with accused No.1 on 02.07.2017. Thereafter, they lived happily and the deceased was suffering from Shivering and skin allergies. Her husband-accused No.1 used to insult her that she belongs to scheduled caste and if he had married to a girl of his caste, he would have got dowry. He used to harass the deceased both physically and mentally to bring dowry from her parental house. Even though localites were advising him not to do so, he continued to harass the deceased. Hence, on 21.05.2018, she committed suicide by consuming tablets. On the basis of the complaint, a case has been registered.
4. It is contended by the learned counsel for the petitioner that the petitioner was looking after the deceased well and he never harassed her. The averments made in the complaint does not attract the provisions of Scheduled Caste and Scheduled Tribes Act. The alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed on him by this Court and ready to offer surety.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the neighbors and other witnesses are there, who have advised the accused while harassing the deceased by using the name of her caste and for bringing dowry. The petitioner/accused No.1 is directly involved in the alleged offences and the death of the deceased has taken place within 10 months from the date of marriage. There is a presumption that it is a dowry death. There are no good grounds to release the petitioner/accused No.1 on bail. On these grounds, she prayed to dismiss the petition.
6. I have gone through the submissions made by learned counsel appearing for both the parties and perused the records.
7. On perusal of the contents of the complaint and other materials, it clearly indicates that the death of the deceased has taken place within 10 months from the date of the marriage. There is material to show that the petitioner/accused No.1 used to harass the deceased. Even the neighbors, the owner of the house CW.9 has also spoken about the ill-treatment and harassment on the previous day of the alleged incident and next day, the deceased has committed suicide by consuming tablets, that itself clearly go to show that soon before the death of the deceased, there was ill- treatment and harassment caused by the petitioner/accused No.1.
8. It is the specific contention of the learned counsel for the petitioner that the petitioner got married with the deceased and it is a love marriage. She was suffering with the health problem and the accused/petitioner has not abused by taking the name of her caste. But, as could be seen from the Post Mortem Report issued by the General Hospital, Magadi the opinion regarding the cause of death is kept pending. The learned counsel for the petitioner/accused submits that the said opinion has not been furnished even though the charge sheet has been filed. Without the opinion regarding the cause of death, it is very difficult for this Court to come to the conclusion that whether the deceased died because of consumption of excessive pills or any other poisonous pills have been administrated to the deceased.
9. Under the said facts and circumstances, petition is disposed of with liberty to file a fresh petition after the final opinion is obtained.
Learned HCGP is directed to immediately secure the final opinion of the Doctor and file the same along with charge sheet, within a period of one month from today.
VBS/NBM Sd/- JUDGE