IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.6155/2018 BETWEEN:
Venkatesh S/o Late Krishnappa, Aged about 32 years, R/at No.433/3, 3rd Cross, 15th Main, Sanjeevininagar, Near Neelakanteshwara Temple, Hegganahalli, Bengaluru-560 091. …Petitioner (By Sri M. N. Ningaraja, Advocate) AND:
State by Rajagopalnagar Police Station, Bengaluru City, By its State Public Prosecutor, High Court Complex, Bengaluru-560 001. .…Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.1013/2017 (S.C.No.608/2018) of Rajagopalnagar Police Station, Bengaluru for the offence P/U/S 498A, 304B 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 present petition has been filed by the petitioner- accused No.1 under Section 439 of Cr.P.C to release him on bail in Crime No.1013/2017 of Rajgopalnagar Police Station, Beengaluru (S.C.No.608/2018) for the offences punishable under Sections 498A, 304B read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for the petitioner-accused No.2 and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the daughter of the complainant got married with accused No.1 on 10.11.2013 by giving 30 gms. gold and cash to the petitioner-accused No.1. Thereafter, the accused persons used to harass the deceased both mentally and physically to bring more dowry. It is further alleged that petitioner- accused No.1 was also insisting the deceased to go and work, accordingly, she started working. It is further alleged that the said ill-treatment and harassment continued. Petitioner-accused No.1 used to draw the money from ATM card of the deceased and torture her. It is further alleged that because of ill-treatment and harassment, the deceased lodged a complaint in Rajgopalnagar Police Station and the matter was compromised. Thereafter, again the petitioner-accused No.1 started ill-treating and harassing the deceased. On 12.11.2017, the complainant left the deceased to her matrimonial home and after half an hour one Kumar had called the complainant and informed that the deceased was sitting outside the house and they did not allow her to enter the house. Thereafter, they called the complainant and informed to bring 30 to 40 thousand to Mallige Nursing Home at Hegganahalli and again at about 12.00 PM, the petitioner-accused No.1 informed the complainant that the deceased has been succumbed to the death and told to come near the nice road. When the complainant went and noticed that the deceased died by consuming alcohol and injury was also found on the dead body. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner-accused No.1 that petitioner-accused No.1 is innocent and he has not involved in the said crime. He further submitted that already accused Nos.2 to 6 have been released on bail. On the ground of parity, petitioner- accused No.1 is also entitled to be released on bail. He further submitted that already charge sheet has been filed and petitioner-accused No.1 is not required for further investigation or interrogation. The petitioner-accused No.1 is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties, if he is released on bail. On these grounds, he prayed to allow the petition and to release petitioner- accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner- accused No.1 has ill-treated and harassed for demand of dowry. There is ample material to show that the petitioner-accused No.1 has caused grievous injuries and because of the ill-treatment and harassment, the deceased died by consuming alcohol. He further submitted that earlier to the death of the deceased, a complaint was also registered before the Rajgopalnagar Police Station and the matter was compromised. All these materials clearly goes to show that the deceased has succumbed to the death only because of the ill-treatment and harassment by the petitioner-accused No.1. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. The contents of the complaint and other materials clearly goes to show that the petitioner-accused No.1 used to assault with the stick which is used for preparing the ragi ball. On the date of alleged incident, petitioner-accused No.1 assaulted the deceased and at that time the deceased called the complainant over the phone and informed about the ill-treatment and harassment by the petitioner-accused No.1. It is further noticed that petitioner-accused No.1 has ill-treated and harassed the deceased and the matter went up to Rajgopalnagar Police Station and there, the matter was compromised. Even the petitioner-accused No.1 used to harass the deceased and used to draw the money from ATM card and never used to pay the money back. Hence, there is ample material to show that the petitioner-
accused No.1 used to ill-treat and harass and demand to bring more dowry.
8. Under the facts and circumstance, I feel that it is not a case to release the petitioner-accused No.1 on bail. Hence, petition stands dismissed.
Sd/- JUDGE HA/-