IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7771/2019 BETWEEN 1. SUNANDA.S W/O S. BASAVARAJU AGED ABOUT 45 YEARS 2. S. BASAVARAJU S/O SHIVANNA AGED ABOUT 55 YEARS 3. B. VINOD KUMAR S/O S. BASAVARAJU AGED ABOUT 27 YEARS 4. VINEETH KUMAR. B S/O S. BASAVARAJU AGED ABOUT 19 YEARS ALL ARE RESIDING AT NO.22/2-1, G NO. 8TH STREET JOGUPALYA, H.A.L II STAGE BENGALURU NORTH BENGALURU – 560 008 (BY SRI. VIJAY SHETTY. B, ADVOCATE) AND STATE OF KARNATAKA BY PUTTENAHALLI POLICE STATION BENGALURU – 560 078 REP. BY THE GOVERNMENT ADVOCATE ... PETITIONERS 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 PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.210/2019 REGISTERED BY PUTTENAHALLI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/Ss.498A, 304B AND 506 R/W 34 OF IPC AND SECTION 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 petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos. 2 to 5 in Crime No. 210/2019 of Puttenahalli Police Station, Bengaluru for the offence punishable under Sections 498A, 304(B) and 506 r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, now pending before the Court of LXXI Additional City Civil and Sessions Judge at Bengaluru (CCH.72).
3. There is no dispute that the deceased Sushmitha was given in marriage to Accused No.1. It is alleged that, at the time of marriage, the petitioners have taken some gold and silver articles in consideration of the marriage. Even after the marriage, they started harassing and ill-treating the deceased, on the ground that, the parents of the victim have not given site and car as agreed by them at the time of marriage etc. In that context, it is stated that the deceased and her husband started living separately in J.P. Nagar. It is alleged that, in spite of that the accused persons were telling the deceased that they will not leave her even though she go away from them and live separately with her husband. After they parted themselves from the family and started living in JP Nagar, it appears Accused No.1 has given the address of his house at J.P. Nagar. Therefore, suspecting that the petitioners may come to their house and harass her again, it appears, the deceased committed suicide in the house, where herself and her husband were living. On the above said allegations a complaint came to be lodged and the police started investigation in the matter.
4. From the complaint averments, it is clear that the petitioners were residing separately and Accused No.1 and the deceased were residing separately. At present, there is no material available on record to show that, at any point of time, these petitioners went to the house of Accused No.1 at J.P. Nagar, where the deceased was residing with her husband and they have abused the deceased or they have given any threat to her life. Therefore, in the facts and circumstances of this case, in my opinion, the petitioners (A2 to A5) are entitled to be enlarged on bail on certain conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioners (A2 to A5) shall be released on bail in connection with in Crime No. 210/2019 of Puttenahalli Police Station, Bengaluru, for the alleged offences, subject to the following conditions:-
(i) Each of the petitioners (A2 to A5) shall execute their personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners (A2 to A5) shall not tamper the prosecution witnesses.
(iii) The petitioners (A2 to A5) shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners (A2 to A5) shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
v) The petitioner Nos. 2 to 4 (A3 to A5) shall mark their attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
KGR* Sd/-
JUDGE