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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF JULY, 2017
BEFORE
THE HON’BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200748/2017
Between:
Mahaveer
S/o Baburao Kamble
Aged about 25 years
Occ: Agriculture
R/o Harkood
Tq. Basavakalyan
Dist. Bidar
… Petitioner
(By Sri Ameet Kumar Deshpande, Advocate)
And:
The State of Karnataka
Through P.S.I.
Mudbi Police Station
Represented by Addl. SPP
High Court of Karnataka
Kalaburagi – 585 102
… Respondent
(By Sri P.S. Patil, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow this petition and enlarge accused
No.1/petitioner herein on bail in Crime No.38/2017
registered with the Mudbi Police Station (Matala Circle) for
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the alleged offences punishable under Sections 498A, 304B
R/w Section 34 of IPC and to pass any other appropriate
orders as may be required in the facts and circumstances of
the case.
This petition coming on for Orders this day, the Court
made the following:-
ORDER
This petition is filed by the petitioner/accused
No.1 under Section 439 of Cr.P.C., seeking regular bail
in Crime No.38/2017 of Mudbi Police Station (Matala
Circle), registered for the offence punishable under
Sections 498A, 304B r/w Section 34 of IPC.
2. The genesis of the complaint is that, the
deceased Sushmita was given in marriage to accused
No.1 by paying some cash and gold as dowry. For the
first six months, she was looked after well by the
husband and in-laws and thereafter they started ill-
treating and giving physical torture to her for bringing
the additional dowry. In the meanwhile, the deceased
gave birth to a girl child. For having given birth to the
girl child and also for additional dowry, again they
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started ill-treating and harassing her and they used to
threaten the deceased that, she will be sent back to her
parents house, if she will not bring the dowry. It is
further alleged that, deceased has been to her parental
house and came back, but she did not bring the
demanded money. The complainant, his wife and son
also came and appraised the petitioner, his parents and
his brother about non-payment, but still ill-treatment
and harassment was continued. Ultimately, on
20.03.2017 at 11.00 a.m., accused persons pored
kerosene on the deceased and set her ablaze and as a
result of burn injuries, she died in the hospital. As
such, a case has been registered against the accused
persons.
3. I have heard the learned counsel for the
petitioner and the learned High Court Government
Pleader appearing for respondent-State.
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4. The main grounds urged by the learned
counsel for the petitioner are that the allegation made in
the complaint is in omni bus and it does not disclose
the fact that, actually who ablaze the deceased by
poring kerosene. He further contend that, already
accused Nos.2 to 4 have been released on bail and even
on the ground of parity, the petitioner is entitled to be
released on bail. He further contend that, the petitioner
is in custody since more than three months and he is
not required for the purpose of further investigation or
interrogation. He further contend that, the petitioner is
the only bread earner in his family and he has to look
after his age old parents and the family affairs. He
further contend that, the petitioner has got both
movable and immovable properties, therefore, there is
no chance of he being absconded. Further he contend
that, if the petitioner is released on bail, he is ready to
abide by the conditions to be imposed by this Court and
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ready to offer sureties. On these grounds, he prays for
allowing the petition.
5. Per contra, learned High Court Government
Pleader appearing for the respondent-State would
contend that, because of the ill-treatment and
harassment caused by the accused persons for demand
of dowry, the deceased had been to the parental house
and thereafter she returned with empty hand and as
she has returned with empty hands, the accused
persons further ill-treated and harassed her and
ultimately by poring the kerosene she has been ablazed
and as a result of the burn injuries, she died. He would
further contend that, the petitioner is the husband of
the deceased, who demanded the dowry and he is the
main cause for ill-treatment and harassment, there is a
prima facie material as against the petitioner and as
such, he is not entitled to be released on bail. On these
grounds, he prays for dismissal of the petition.
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6. I have gone through the copy of the
complaint and other material produced along with the
petition.
7. The records indicate that, the deceased died
within seven years of marriage due to the burn injuries
and the records also disclose the fact that the deceased
died in the matrimonial house. Though there is no
specific allegation regarding who ablazed the deceased,
but the complaint clearly indicates that the accused
persons by poring the kerosene ablazed her and as a
result of the same, she succumbed to the burn injuries.
When there is specific allegation as against the
petitioner to the effect that because of the ill-treatment
and harassment caused by him for demand of dowry the
death has occurred within seven years, under such
circumstances, the petitioner is not entitled to be
released on bail. Though the learned counsel for the
petitioner contends that already accused Nos.2 to 4
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have been released on bail, merely because the other
accused persons have been released on bail, the ground
of parity cannot be attracted, as the petitioner is the
husband of the deceased and the death has also
occurred within seven years of marriage for demand of
dowry. Even the investigation is still pending and
charge sheet has not yet been filed. Under such
circumstances, no good grounds are made out to release
the petitioner on bail.
Accordingly, the petition is dismissed. However,
the liberty is given to the petitioner to move the trial
Court in the event if the charge sheet is filed.
Sd/-
JUDGE
LG