IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.225/2019 BETWEEN:
1. Krishnaveni, W/o Shiva Shankar, Aged about 24 years, # 3544, 4th Cross, 9th Main Road, Kaveri Nagar, Banashankari 2nd Stage, Bangalore - 560 070.
2. Shivashankar N., S/o Narasimhappa, Aged about 30 years, # 3544, 4th Cross, 9th Main Road, Kaveri Nagar, Banashankari 2nd Stage, Bangalore - 560 070. ... Petitioners (By Sri. Ranganath Reddy R., Advocate) AND:
State by The Station House Officer, Banashankari Police Station, Represented by State Public Prosecutor, High Court of Karnataka Bangalore - 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.282/2018 (C.C. No.32452/2018) of Banashankari Police Station, Bengaluru for the offences p/u/s 498(A) and 304(B) r/w 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 The petitioners are seeking to be enlarged on bail in the event of their arrest pursuant to the proceedings in Crime No.282/2018 for the offences under Sections 498A, 304(B), r/w 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961.
2. The case of the prosecution is that the mother of the deceased has filed a complaint and FIR has been registered in Crime No.282/2018 for the offences aforestated. The case that is made out in the complaint is that the deceased had married accused no.1 on 11.03.2016. It is stated that accused no.1 had made demand for dowry. It is further stated that accused no.1 had developed illicit relationship with one Sujatha. In the light of the same, there were frequent altercations with the deceased. It is stated that the deceased had committed suicide unable to bare with the harassment of the accused. The FIR has been registered, investigation is complete and charge sheet has been filed.
3. The learned counsel for petitioners states that primary allegations are against accused no.1 who remains in custody and as regards imputations made to accused nos.2 and 5 and as to whether the said accused by their acts of harassment drove the deceased to commit suicide, is a matter to be proved during trial.
4. Taking note of the fact that investigation is complete and the main imputations are as against accused no.1, imputations against the other accused making out an offence, is a matter to be established during trial. Accordingly, the petitioners are entitled to be enlarged on bail in the event of their arrest subject to stringent conditions.
5. In the result, the bail petition filed by the petitioners under Sec. 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in Crime No.282/2018 for the offences under Sections 498A, 304(B), r/w 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961 subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.282/20118 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum before the concerned court.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall co-operate with further investigation by appearing before the Investigating Officer as and when he is called upon.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioners shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-