IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.945/2019 BETWEEN:
1. Smt. Thara, W/o Rangappa, Aged about 47 years, R/o 29/2, Savarline Road, Right Side, Shivamogga – 577 201.
2. Smt. Roopa, W/o S.A.Gajendra, Aged about 31 years, R/o II Cross, Kamakshi Street, Shivamogga – 577 201.
3. Smt. Anitha, W/o Ganesha, Aged about 29 years, R/o Savarline Road, Shivamogga – 577 201.
(By Sri. Dinesh Kumar K Rao, Advocate for Sri.R.B.Deshpande, Advocate) AND:
The State of Karnataka By Women Police Station, Kote Circle, Shivamogga – 577 201.
... Petitioners (Represented By State Public Prosecutor, High Court Buildings, Bengaluru – 560 001).
(By Sri. M.Divakar Maddur, HCGP) ... Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the Petitioners on bail in the event of their arrest in Cr.No.1/2019 of Women P.S., Shivamogga District for the offence P/U/S 498A, 304B, 506 read with 34 of IPC and Sec.3, 4 of D.P. Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioners/accused Nos.2, 4 and 5 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.1/2019 of Women Police Station for the offences punishable under Sections 498A, 304B, 506 read with Section 34 of IPC and also Sections 3 and 4 of D.P. Act, 1961.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that the daughter of complainant was given in marriage to accused No.1 on 08.09.2016. At the time of marriage, the complainant has given an amount of Rs.2,50,000/- cash and 100 grams of gold and other household articles. After the marriage, his daughter started residing in the matrimonial home. After few days, the accused petitioners were started ill-treating and harassing for demand of additional dowry. Subsequently, the complainant has given an amount of Rs.50,000/- as dowry to the husband of the deceased and compromised the matter. Thereafter again, the accused petitioners started ill-treatment and harassment to the deceased. The said fact used to be told by the deceased to the complainant. The complainant consoled her stating that he has already given the dowry and other articles and after the marriage also, complainant had given an additional amount of Rs.50,000/- as dowry. Inspite of that, the harassment was continued. On 03.01.2019, the deceased committed suicide by hanging. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for petitioners that the petitioner/accused No.2 is the mother-in-law and accused Nos.4 and 5 are sister-in- laws of the deceased. There is no specific allegation made as against the petitioners/accused Nos.2, 4 and 5 to show that the accused petitioners have ill-treated and harassed the deceased for demand of dowry. It is further submitted that the petitioners/accused Nos.4 and 5 are residing separately in their husband’s house and they are not residing along with accused No.1. Even there are no specific averments in the complaint to connect the accused petitioners to the alleged crime. Only because the daughter of the complainant has committed suicide by hanging, in order to harass, the name of the accused petitioners have been mentioned in the complaint. Further it is submitted that the accused petitioners are ready to co-operate with the investigation and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.2, 4 and 5 on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that prior to the marriage, there were marriage talks and in accordance with the marriage talks, at the time of marriage, cash and gold were given in the form of dowry. Subsequently, ill-treatment was started and complainant has paid additional dowry of Rs.50,000/- to accused No.1. Though the complainant has paid the additional dowry, the accused petitioners have not satisfied and again continued the ill-treatment and harassment to the deceased. Within a short span of time, the deceased has committed suicide by hanging. The deceased has committed suicide in the matrimonial home and the accused petitioners have not come up with any explanation, under such circumstance presumption has been drawn for the death of deceased that it is a dowry death and the accused petitioners are involved in the alleged offences. They are not ready to co-operate with the investigation or interrogation. On these ground, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the contents of the complaint and other materials, it indicates that the allegations, which have been made appears to be in general and no specific allegations have been made with regard to the demand of dowry. Be that as it may. Even on close reading of the contents of the complaint, the complaint itself discloses that when she went to pacify, he told that whatever has to be paid, she will pay thereafter, she has paid only Rs.50,000/- in the hands of accused No.1. In the said complaint, she has not stated that the other persons were present at the time when he paid Rs.50,000/-. On close reading of the contents of the complaint and other materials, it indicates that the harassment, demand of dowry and dowry has been paid to accused No.1. Even the cause title of the said petition also indicates the fact that the petitioners/accused Nos.2, 4 and 5 are married and they are residing in Shivamogga.
8. Under the said facts and circumstance, I feel that the learned counsel for the petitioners has made out a case to release the petitioners/accused Nos.2, 4 and 5 on anticipatory bail.
9. In that light, petition is allowed and the petitioners/accused Nos.2, 4 and 5 are ordered to be released on anticipatory bail in the event of their arrest in Crime No.1/2019 of Women Police Station for the offences punishable under Sections 498A, 304B, 506 read with Section 34 of IPC and also Sections 3 and 4 of D.P. Act, 1961 subject to the following conditions:
1. Petitioners/accused Nos.2, 4 and 5 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall not leave the jurisdiction of the Court without prior permission 5. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station, till the charge sheet is filed.
Sd/- JUDGE VBS