IN THE HIGH COURT OF KARNATAKA
DATED THIS THE 16TH DAY OF NOVEMBER, 2017
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.201215/2017
1. NYANESHWAR S/O GUNDAPPA BHATARE
AGE: 28 YEARS OCC: COOLIE
2. GUNDAPPA S/O NINGAPPA BHATARE
AGE: 60 YEARS OCC: NIL
BOTH ARE R/O: JOGEWADI
TQ: BASAVAKALYAN DIST: BIDAR-585401.
(ACCUSED NO.2) … PETITIONERS
(BY SRI.S.S.MAMADAPUR, ADV)
THE STATE OF KARNATAKA
THROUGH MANTHAL POLICE STATION BIDAR
REPRESENTED BY ITS SPP
ADVOCATE GENERAL’S OFFICE
HIGH COURT BUILDING
KALABURAGI-585103. … RESPONDENT
(BY SRI.P.S.PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. PRAYING TO ENLARGE
THEM ON BAIL IN MANTHAL POLICE STATION CRIME
NO.111/2017 REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 3 AND 4 OF THE
DOWRY PROHIBITION ACT, 1961 AND SECTION 498A,
306, 304B R/W SECTION 34 OF IPC, PENDING ON
THE FILE OF II ADDL. DISTRICT AND SESSIONS
JUDGE, BIDAR SITTING AT BASAVAKALYAN.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
Heard, the learned counsel for the petitioner and
the learned High Court Government Pleader for the
respondent – State.
2. The petition is filed under Section 439 of
Cr.P.C. by the petitioners/accused seeking bail in Crime
No.111/2017 of Manthal Police Station. The offences
alleged against the petitioner are punishable under
Sections 3 and 4 of the Dowry Prohibition Act, 1961 and
Sections 498A, 306 and 304B R/w Section 34 of IPC.
3. The complaint is filed on 30.07.2017 by one
Baburao s/o Jairam Saibanne, stating that he has four
children. Her daughter Pooja’s marriage with accused
No.1 Nyaneshwar had taken place during the year 2014.
After the marriage few months there is cordial
relationship between husband and wife. They have no
issues. Accused No.1 was making mockery of the status
of the victim. Pooja was also ill-treated through demand
of dowry. Accused No.2 father-in-law was misbehaving
with her. She went to her parents house.
4. That on 19.07.2017 both the accused No.1
and 2 together had gone to the house of complainant.
After holding Panchayat, she was brought to
matrimonial home. Again on 24.07.2017 she went to
her maternal home for Nagar Panchami festival and
returned along with her husband on 29.07.2017.
5. On the same day at 4.30 p.m. Pooja by
pouring kerosene and set ablaze herself. In this
connection parents of the Pooja went to the spot and
came to know that Pooja sustained grievous burn
injuries over chest, stomach, back and limbs. No one
did take her to Hospital. It is also stated in the
complaint that her father-in-law was making advances
and misbehaving towards her. On enquiry Pooja
revealed that she was ill-treated heavily by the accused
persons and she unable to tolerate harassment made by
the accused No.2-mother-in-law. Hence, she dosed
herself with kerosene and set her ablaze. Thus before
closing of eyes, she is said to have stated her plight with
her father. Because of the burn injuries she
6. The case is registered for the offences
punishable under Sections 3 and 4 of the Dowry
Prohibition Act, 1961 and Sections 498A, 306, 304B
R/w Section 34 of IPC.
7. The learned HCGP opposes the bail petition
and submits that there are no grounds to grant bail to
8. The learned counsel for petitioner would
submit that the accused No.3 Chandrabhaga w/o
Gundappa Bhatare has been released on bail. The bail
applications of present accused No.1 and 2 came to be
rejected by the Special Judge.
9. In the context and circumstances main
allegation is that dowry, cruelty and un-warrant
advances made by the accused No.2 on complainant.
However, in the context and circumstances of the case, I
am of the sincere view that at this stage petitioner No.2
Gundappa may be released on bail.
10. But not petitioner No.1 to whom a liberty to
file another bail petition after examination of CW.1 and
11. Thus, I am of the view that there are no
likelihood of interfering with investigation if the bail is
granted to the petitioner No.2. However, the
apprehension of the prosecution would be resolved by
imposing conditions on the petitioner No.2.
Hence the following;
The petition filed under Section 439 of Cr.P.C. by
the petitioners is hereby partly allowed.
The petitioner No.2 is ordered to be enlarged on
bail in Cr.No.111/2017 of Manthal Police Station for the
offences punishable under Sections 3 and 4 of the
Dowry Prohibition Act, 1961 and Section 498A, 306,
304B R/w Section 34 of IPC, pending on the file of
*Additional Civil Judge (Jr.Dn.) and JMFC Court,
Basavakalyan, on he executing a personal bond for a
sum of Rs.1,00,000/- with a surety for the like sum to
the satisfaction of the concerned Court subject to the
-: CONDITIONS :-
i) Petitioner No.2 shall mark his attendance
before the I.O. on every Second Saturday
and Fourth Saturday of every month
between 09.00 p.m. and 10.00 p.m. till
hearing before charge is completed.
ii) Petitioner No.2 shall not terrorize or
tamper any of the prosecution witnesses.
iii) Petitioner No.2 shall not hold out threats
to the prosecution witnesses or lure them
in any manner.
iv) Petitioner No.2 shall not involve in any
* Corrected vide Court Order dated: 29.11.2017.
v) Petitioner No.2 shall attend the trial Court
regularly on all the dates of hearing and
shall co-operate with the learned trial
Judge to hold the trial.
vi) Petitioner No.2 shall not leave the State
without permission from the trial Court.
The petitioner No.1 is at liberty to file another
bail petition after examination of CW.1 and 2.