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CRL.P No. 13735 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF DECEMBER, 2023
BEFORE
THE HON’BLE MR JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 13735 OF 2023
BETWEEN:
SRI VIJAY KUMAR H
S/O LATE HAJARATHAIAH
AGED ABOUT 43 YEARS
R./AT NO 3 MUJIRE RAMASWAMY PALYA
CHINNAPPA GARDEN J C NAGARA
BENGALURU – 560046
…PETITIONER
(BY SRI. SUNIL K N.,ADVOCATE)
AND:
THE STATE BY
DEVARAJEEVANAHALLI POLICE STATION
BENGALURU
REP BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA AT
BENGALURU – 560001
Digitally
signed by …RESPONDENT
GAYATHRI P G
Location: High (BY SRI. .,ADVOCATE)
Court of
Karnataka
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO GRANT
REGULAR BAIL TO THE PETITIONER IN CR.NO.315/2023, FIR
REGISTERED IN DEVARAJEEVANAHALLI POLICE STATION, ON THE
FILE OF 11TH ACMM, MAYOHALL AT BENGALURU, FOR THE OFFENCE
P/U/S 498A, 304B R/W 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT,
1961.THE XLV ADDL. C.C. AND S.J., BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 13735 of 2023
ORDER
The petitioner is accused No.3 in Cr.No.315/2023 dated
20.11.2023 filed by the Devarajeevanahalli Police Station for
the offence punishable under section 498A and 304B read with
Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition
Act is before this Court under Section 439 of Cr.P.C for grant of
regular bail.
2. The brief facts of the prosecution case is that one
Maratamma wife of Jeevaratnam lodged the complaint before
the respondent-Police on 20.11.2023 alleging that she had
three children out of which one is male child and two are
female child and she is working as a Municipal labourer at ward
No.47 in BBMP. The second daughter Smt. Kavita aged about
19 years was in love with accused No.1. Later, both the families
accepted and performed the marriage with the son of the
petitioner about 4 years back at Atmakur Nellore District,
Andhra Pradesh. It is further alleged that the complainant had
paid a sum of Rs.71,000 as dowry at the time of marriage to
the petitioner’s family. Thereafter, the husband and in-laws of
deceased-Kavita harassed her to get more dowry from parental
home. Due to which the Kavita left the matrimonial home and
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came to her mother’s house and wherein she resided with her
mother. Later the said Kavita lodged the complaint before the
Women Police Station, East Division against the husband in
Cr.No.482/2022 the police advised the son of the petitioner to
to lead happy life and on the advise of the police, the son of the
petitioner took Kavita to his native and again Kavita returned to
her parental home due to incompatibility. It is further alleged
that on 20.11.2023 at about 06:30a.m. the complainant went
to her job informing her daughter Kavita to lock the door.
Further at about 7:30 a.m. when the first daughter of the
complainant knocked the door to take uniform, Kavita did not
open the door. Thereafter, when the son of the complainant
Abilash opened the door, he found Kavita strangulated herself
in Kitchen and subsequently he took her to hospital. Though
the complainant has shifted her to hospital, the doctors
declared her death on arrival. Hence, the complainant lodged
complaint against the petitioner and two others as stated
supra. The petitioner was arrested on 23.11.2023 and sent to
judicial custody and the petitioner is in judicial custody from
the date of the arrest and being aggrieved by the same, the
petitioner has approached the learned Addl. City Civil and
Sessions Judge, Bengaluru for grant of regular bail in Cr.Misc.
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CRL.P No. 13735 of 2023
No.11554/2023 and the same is dismissed by order dated
11.12.2023. Hence, this petition.
3. Heard the learned counsel for the petitioner and
learned HCGP for the respondent-State and perused the
records made available.
4. It is the primary contention of the learned counsel
for the petitioner that the petitioner is the father-in-law of the
deceased i.e., father of the accused No.1 and it is alleged that
the complainant at the time of marriage had paid a sum of
Rs.71,000/- as dowry and subsequently the husband of the
deceased harassed her both physically and mentally as such,
she left the matrimonial home and started to reside at her
parental home and she also committed suicide at her parental
home. The petitioner being father-in-law at no point of time
was residing along with his son and the deceased. But he was
residing at a place called Ramaswamy Palya, J.C.Nagar,
Bengaluru. Whereas, the matrimonial home was situated at
D.J.halli where the deceased and the accused were residing
ever since their marriage. In this context, the learned counsel
seeks indulgence for grant of regular bail.
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5. Per contra, learned HCGP for the respondent-State
vehemently opposes the bail application on the ground that the
case is still under investigation and serious charge has been
laid against the petitioner. He further contends that on perusal
of the complaint there exists allegations against this petitioner
for demanding dowry from the daughter of the complainant.
Accordingly, he seeks for dismissal of the petition.
6. Having heard the learned counsels for the
parties and on careful perusal of the complaint lodged by
the complainant it depicts that soon after the marriage, the
deceased left the matrimonial home and started to reside in the
house of the complainant i.e., parental home and admittedly
she committed suicide at her parental home. In such
circumstances, Without expressing any opinion on merits of
the case, I am of the view that the petitioner’s prayer for
granting of regular bail is required to be answered
affirmatively.
8. Accordingly, I pass the following:
ORDER
i. The petition is allowed.
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CRL.P No. 13735 of 2023
ii. The petitioner is enlarged on bail in Cr.No.315/2023
pending on the file of 11th Additional Chief
Metropolitan Magistrate, Mayohall, Benglauru
subject to following conditions:
1) The petitioner shall execute personal bond for a
sum of Rs.1,00,000/- (one lakh) with two sureties
for the likesum, to the satisfaction of the
jurisdictional Court;
2) The petitioner shall appear regularly on all the dates
of hearing before the Trial Court unless the Trial
Court exempts his appearance for valid reasons;
3) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution witnesses;
4) The petitioner shall not involve in similar offences in
future;
5) The petitioner shall not leave the jurisdiction of the
Trial Court without permission of the said Court
until the case registered against him is disposed off.
Sd/-
JUDGE
RKA
List No.: 2 Sl No.: 118