IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6841/2018 BETWEEN:
Smt. Vasanthamma, W/o Thirthalingappa, Aged about 62 years, Agriculturist, R/o Belagutti Village, Nyamathi Taluk, Davanagere-577 223 ... Petitioner (By Sri. M.S. Shyam Sundar, Advocate for Sri. Prasanna Kumar S, Advocate) AND:
The State of Karnataka by Nyamathi Police.
Rep. by Special Public Prosecutor High Court of Karnataka At Bengaluru-560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in the event of her arrest in CR.NO.132/2018 of Nyamathi Police Station, Davanagere for the offences punishable under Sections 498A, 307, 304B, 302, 201, 506 read with Section 34 of IPC and Sections 3, 4 of D.P.Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner-accused No.2 under Section 438 of Cr.P.C. to release her on anticipatory bail in Crime No.132/2018 of Nyamathi Police Station for the offences punishable under Sections 498A, 307, 304B, 302, 201, 506 read with Section 34 of IPC and Sections 3, 4 of Dowry Prohibition Act, 1961.
2. I have heard Sri. M.S.Shyam Sundar, learned senior counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. It is the submission of the learned counsel for the petitioner that already accused No.1-husband of the deceased has been released on bail in Criminal Petition No.6842/2018 vide order dated 20/12/2018. On the ground of parity, petitioner-accused No.2 is also entitled to be released on bail. He further submitted that the father of the deceased filed a complaint belatedly and there was no cruelty as alleged and the village elders, who are the charge sheet witnesses held a negotiation to settle the matter and the complaint was not filed at that time. It is his further submission that the petitioner-accused No.2 is ready to abide by any conditions imposed on her by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on anticipatory bail.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that deceased-Sudha has committed suicide in her matrimonial home because of the ill-treatment and harassment by the petitioner and other accused person. There is clear-cut evidence to show that the petitioner was demanding dowry and she used to ill-treat and harass the deceased. As a result of the same, the deceased has committed suicide. There is a presumption under the law, if the death is caused within seven years of marriage, it is called as dowry death. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
6. Admittedly, this Court, after considering the case on merits has allowed the petition filed by accused No.1 in Criminal Petition No.6842/2018, dated 20/12/2018 and therein it has been observed that the village elders, who are the charge sheet witnesses held a negotiation to settle the matter and later complaint has been filed. The accused No.1 beat the victim on 10.06.2018, after that incident victim came back to the house of the complainant and the deceased returned to her matrimonial home on her own. If really, she was ill-treated and harassed as contended in the complaint, definitely she ought not to have gone on her own to the matrimonial home. Prima-facie on looking into the facts and circumstances, without expressing anything on merit, I feel that the petitioner-accused No.2 is entitled to be released on anticipatory bail on the ground of parity by imposing stringent conditions, it would meet the ends of justice.
7. In the light of the discussion held by me above, the petition is allowed and the petitioner-accused No.2 is ordered to be released on anticipatory bail in Crime No.132/2018 of Nyamathi Police Station for the offences punishable under Sections 498A, 307, 304B, 302, 201, 506 read with Section 34 of IPC and Sections 3, 4 of Dowry Prohibition Act, 1961, subject to following conditions:
1. Petitioner/accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. She shall not tamper with the prosecution evidence directly or indirectly.
3. She shall surrender before the Investigating Officer within 15 days from today and regularly attend the trial.
4. She shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE SMJ