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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF JUNE 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.1819 OF 2018
BETWEEN:
Sri Mahesh N.
S/o. Nanjappa
Aged about 27 years
Residing at No.2, 5th Cross
Vijayanagara , 8th Mile
T-Dasarahalli, Bengaluru – 560 057.
… Petitioner
(By Sri J.T.Gireesha, Advocate)
AND
State by Peenya Police Station
Represented by P.P.City Civil Court Complex
Bengaluru – 560 001.
… Respondent
(By Sri K.Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439 Cr.P.C
praying to enlarge the petitioner on bail in Crime
No.622/2017 of Peenya Police Station, Bengaluru City, for the
offence P/U/S.498A, 304B 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:-
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ORDER
This petition is filed by accused No.1 under Section 439
of the Code of Criminal Procedure seeking his release on bail
for the alleged offences punishable under Sections 498-A and
304-B of IPC and Sections 3 and 4 of Dowry Prohibition Act in
Crime No.622/2017.
2. Heard the learned counsel for the petitioner and
the learned High Court Government Pleader.
3. Learned High Court Government Pleader has not
filed any statement of objections but has orally opposed the
petition.
4. The petitioner is the husband of the deceased and
their marriage was performed in the year 2011. It is alleged
that at the time of their marriage, a cash of Rs.50,000/- and
gold ornaments were given to the petitioner herein by way of
dowry. Apart from making demand for additional dowry, the
petitioner was ill-treating and harassing the deceased. It is
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further alleged that the petitioner was taunting the deceased
saying that if he had married any other woman, he would
have received lakhs of dowry and he was provoking the
deceased to commit suicide. Hence, the deceased being
unable to bear the cruelty and harassment meted out to her,
on 04.10.2017 at about 1.30 a.m. in the night committed
suicide by hanging to the ceiling fan in her matrimonial
house.
5. The investigation is completed. The case of the
prosecution is that in view of the ill-treatment given to the
deceased and on account of additional dowry demand, she
committed suicide. The material witnesses relied upon by the
prosecution in proof of the charges are the blood relatives of
the deceased. Therefore, the likelihood of the petitioner either
influencing or threatening the said witnesses is remote. The
petitioner has been in custody since 06.10.2017.
6. Having regard to the above facts and
circumstances of the case, the custody of the petitioner is not
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required to be extended as a punishment. For all the above
reasons, the petition is allowed, subject to the following
conditions:-
1) The petitioner is ordered to be enlarged on bail on
furnishing a bond in a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety for the like
sum to the satisfaction of the jurisdictional Court;
2) The petitioner shall appear before the Court as
and when summoned;
3) The petitioner shall not threaten or allure the
prosecution witnesses in any manner;
4) The petitioner shall not leave the jurisdiction of
the Trial Court without prior written permission.
Sd/-
JUDGE
SA
