THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF FEBRUARY, 2018
THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.73/2018
Aged about 60 years.
S/o. Late Bappanna,
Aged about 65 years.
Both are r/o. Mallenahalli,
Gubbi Taluk -572216.
Tumakuru District. …Petitioners
(By Sri. B. Chethan, Advocate)
State of Karnataka,
Chelur Police Station,
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.139/2017 of Chelur Police Station, Tumakuru
District for the offence p/u/s 498A, 304B read with 34 of
This Criminal Petition coming on for Orders this
day, the Court made the following:
This petition is filed by the petitioners/accused No.
2 and 3 under Section 439 of Cr.P.C. seeking their
release on bail for the alleged offences punishable under
the respondent Police in Crime No. 139/2017.
2. The brother of the deceased is the complainant in
this case. Wherein he has alleged that his sister who was
married to one Lingaraju on 16.04.2012 and gave birth to
a daughter by name Gowthami and a son by name
Chitana Gowda, they are aged 5 and 3 years respectively.
The husband and family members used to harass and ill-
treat the deceased in connection with the demand for
more dowry periodical panchayaths took placed, where in
his brother in law and other family members advised to
take care of his sister properly. On 07.09.2017 he went to
the house of the deceased to see his sister and petitioners
alleged to have abused him and demanded to give
mangalya chain, neck chain as additional dowry as was
agreed upon at the time of marriage. The said demand
was not met by his family. He returned to the village on
the same day his sister called over the phone and
informed that her husband is harassing and torturing
her. Immediately after receiving the call he went to the
house of the petitioner and requested them not to ill-treat
his sister. It is further alleged that his brother-in-law
assaulted him and driven him out of the house and at
3.00 p.m. on the same day one Pankaja of Mallanahalli
called him and informed that his sister and his sister’s
daughter are not in the house. The complainant and his
parents went to the house of the petitioner and found
that his sister and sister’s daughter were missing. On
08.09.2017, one Kantharaju intimated the complainant
stating that dead bodies of both are floating at Agasara
Katte. On the basis of the complaint lodged the case came
to be registered.
3. Heard the arguments of the learned counsel
appearing for the petitioners/accused -1 2 and also the
learned High Court Government Pleader for the
4. I have perused the grounds urged in the bail
petition, FIR, complaint and the other materials
produced in the case.
5. Looking to the complaint averments and also
other materials collected during investigation the prima
facie case goes to show that the deceased was subjected
to ill treatment and harassment in connection with the
dowry amount. She has insisted to bring the neck chain
and also the dowry amount and in that connection even
they gave ill treatment of both physically and mentally to
the deceased. Therefore the sister of the complainant and
the daughter of the deceased both died for the ill
treatment which meted out to them by the petitioners, so
also the husband/accused-1. Materials collected during
the investigation prima facie goes to show that these two
petitioner are not involved in committing the alleged
offences. Looking into the material, I am of the opinion
that it is not a fit case to exercise the discretion in favour
these petitioners. accordingly the petition is rejected.