IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE 2018
BEFORE
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION No.1871 OF 2018
BETWEEN :
Srinivasa
S/o. Mogannagowda,
Occ: Agriculturist.
Aged about 38 years,
Residing at Saligrama Town,
K.R.Nagara Taluk,
Mysuru District-571604.
…Petitioner
(By Sri.K.A.Chandrashekara, Advocate)
AND :
The State of Karnataka
By the Police of Saligrama
Police Station,
K.R.Nagara Taluk,
Mysuru District-571604.
Rep. by its State Public
Prosecutor,
High Court of Karnataka,
Bangalore-560001.
…Respondent
(By Sri.S.Vishwa Murthy, HCGP)
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This Criminal Petition is filed under Section 438
Cr.P.C praying to enlarge the petitioner on bail in the event
of his arrest in Crime No.213/2017 of Saligrama Police
Station, Mysuru District, for the offences punishable under
Sections 498A, 306 read with 34 of IPC.
This Criminal Petition coming on for orders this day,
the Court made the following:
ORDER
The petitioner has sought for an order of anticipatory
bail in Crime No. 213/2017 registered under Sections
498A, 306 read with Section 34 of IPC.
2. Heard the learned counsel for the petitioner and
the learned HCGP. Learned HCGP has not filed any
statement of objections, but has orally opposed the
petition.
3. FIR was registered based on the complaint made
by the father of the deceased. According to the complaint,
the marriage of the deceased was performed with the
petitioner herein about 12 years earlier to the incident. In
the wedlock she had begotten two children. She was
residing with the petitioner and her children. It is alleged
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that for about ten years, the petitioner looked after the
deceased with love and affection. Thereafter, he was ill-
treating and harassing the deceased demanding dowry.
Few days earlier to the incident, petitioner requested the
complainant for Rs.3,00,000/- for redeeming the mortgage
and the complainant and his wife gave Rs.3,00,000/- by
pledging their ornaments. In spite of it the petitioner
continued to ill-treat and harass the deceased and hence
being unable to bear the cruelty meted out to her she
committed suicide by hanging on 23.12.2017.
4. The allegations made in the complaint even if
believed would indicate that the petitioner demanded
Rs.3,00,000/- from the complainant for the purpose of
redeeming his mortgage. The said demand cannot be
construed as a dowry demand. The other allegations
made against the petitioner are general in nature. The
complainant has not cited any specific instance whereby
the deceased was subjected to ill-treatment and
harassment. Other than the alleged demand of
-4-
Rs.3,00,000/-, the FIR does not reveal immediate
provocation or instigation driving the deceased to commit
suicide. Undisputedly she had led marital life for 12 years
and was residing with the petitioner along with her
children. In the absence of any material to show that
during this period that there was any mediation or
complaint by the deceased alleging cruelty and
harassment, merely on account of the untimely death of
the deceased it cannot be presumed that the petitioner has
abetted the suicide. In view of the above facts and
circumstances, the petition deserves to be allowed.
Hence, the following order : –
Criminal petition is allowed. The petitioner is
directed to appear before the Investigating Officer within
15 days from the date of this order and on his
appearance, the Investigating Officer shall interrogate the
petitioner and shall enlarge him on bail on the same day
subject to the following conditions:-
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a. The petitioner shall furnish a bond in a
sum of Rs.1,00,000/- (Rupees One lakh
only) with one surety for the likesum to
the satisfaction of the Investigating
Officer;
b. The petitioner shall appear before the
Investigating Officer as and when
required;
c. The petitioner shall cooperate in the
investigation;
d. The petitioner shall not threaten or
allure the prosecution witnesses; ande. The petitioner shall mark his attendance
in Saligrama Police Station, K.R.Nagara
Taluk, Mysuru, on the last Sunday of the
calendar month until submission of the
final report.
Sd/-
JUDGE
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