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Abhishek N vs The State Of Karnataka on 11 February, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF FEBRUARY, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.239/2019

BETWEEN

ABHISHEK N
S/O SRINIVAS
AGED ABOUT 36 YEARS
R/AT NO.101, 5TH CROSS
SHABHARINAGAR,
NEAR HEGDE NAGAR
BENGALURU – 45. … PETITIONER

(BY SRI PRATHEEP K C, ADV.)

AND

THE STATE OF KARNATAKA
REP. KOTHANUR POLICE STATION
BENGALURU URBAN DISTRICT
REP. BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE – 01. … RESPONDENT

(BY SRI K.P.YOGANNA, HCGP.)

THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE
THE PETITIONER ON BAIL IN CRIME NO.147/2018
(S.C.NO.2000/2018) OF KOTHANUR POLICE STATION,
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BANGALORE CITY FOR THE OFFENCE P/U/S 498A, 304B
R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The present petition has been filed by the

petitioner/accused No.1 under Section 439 of Cr.P.C.

seeking to release him on bail in S.C. No.2000/2018

(Crime No.0147/2018) of Kothanur Police Station for

the offences punishable under Sections 498(A), 304(b)

read with 34 of Indian Penal Code (for short ‘IPC’) and

Section 3 and 4 of Dowry Prohibition Act.

2. I have heard the learned counsel for the

petitioner and the learned High Court Government

Pleader for respondent-State.

3. Gist of the complaint is that deceased

Gayathri was given in marriage to the petitioner-

accused No.1 on 27.04.2014 by paying some dowry and

thereafter it is alleged that the members of the
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petitioner’s family did not take care and they used to ill

treat and harass for demand of dowry. In this regard,

on 22.07.2018 at about 10.30 p.m. deceased Gayathri

committed suicide by hanging in a matrimonial home.

On the basis of the complaint, earlier a case was

registered under Section 306 and 34 of IPC and at the

time of filing charge sheet, now charge sheet has been

filed under Sections 498(A), 304(b) read with 34 of IPC

and Sections 3 and 4 of Dowry Prohibition Act. It is the

submission of the learned counsel for the

petitioner/accused that other accused persons have

already been released on bail, under the similar facts

and circumstances, the petitioner-accused is entitled to

be released on bail on the ground of parity.

4. He further submitted that the post-mortem

report indicates that there are no injuries and violence

on the part of the petitioner/accused. He further

submitted that no nebouring witnesses have been
-4-

examined so as to substantiate the fact that there was

an ill treatment and harassment for demand of dowry.

He further submitted that there is no ill treatment and

harassment soon before the death of the deceased and

as such, the provisions of Section 304(b) does not

attract. He further submitted that further statement of

the father came to be recorded on 23.07.2018. In the

said statement, he has stated that on the date of alleged

incident at about 7.00 p.m., the petitioner/accused

called to his mobile and told that he wanted to speak

with reference to his daughter and father asked what is

the matter, then he told that his daughter has not been

brought up properly and always she asked to go to her

parental house and the said issue has to be decided

now itself and asked him to come on the same day at

about 10.00 p.m. That he also received the information

that his daughter is inside the bedroom and locked and

subsequently she committed suicide by hanging. This

clearly goes to show that there are other circumstances
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to the deceased to commit suicide as such there was no

ill treatment and harassment for demand of dowry.

5. He further submitted that no complaints or

panchayat were also held for the purpose of earlier

demand for dowry. Learned counsel further submitted

that the petitioner/accused is ready to abide by the

conditions that may be imposed on him by this Court

and ready to offer sureties. The charge sheet has also

been filed and petitioner/accused is not required for the

purposes of further investigation or interrogation. On

these grounds, he prayed to allow the petition and to

release the petitioner/accused on bail.

6. Per contra, the learned High Court

Government Pleader vehemently argued and submitted

that there is sufficient material to show that the death

of the deceased has taken place in the matrimonial

home within seven years from the date of marriage and

there was ill treatment and harassment by the in-laws
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and even the said ill treatment was continued on the

date of the incident. Because of the ill treatment and

harassment, she committed suicide by hanging. He

further submitted that if at this juncture he is enlarged

on bail, he may abscond and may not be available for

trial. On these grounds, he prayed to dismiss the

petition.

7. I have carefully and cautiously gone through

the contents of the complaint and other materials,

which has been made available during the course of the

argument by the learned counsel for the

petitioner/accused.

8. On plain reading of the records though the

alleged incident has taken place within seven years after

the marriage and there is a presumption, but the

subsequent statement which came to be recorded on

23.07.2018 it indicates the fact that on 22.07.2018 at

about 7.00 p.m. the petitioner/accused called to the
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mobile of the complainant and informed that he wanted

to speak in respect of her daughter and that as she has

not been brought up properly and the same issue has to

be discussed and immediately thereafter she went

inside the bedroom and latched the room and thereafter

at about 10 ‘O’ Clock, she committed suicide by

hanging. Under the said peculiar facts and

circumstances that it creates a doubt whether it is a

dowry death or because of the reason that the

petitioner/accused complained about the deceased to

her parents is a matter which has to be adjudicated and

tried during the course of the evidence. Under the said

circumstances, I feel that if by imposing some stringent

condition if the petitioner/accused is ordered to be

released on bail, then it would protect the interest of the

petitioner/accused and also the prosecution. In that

light the petition is allowed.

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9. Petitioner-accused No.1 is ordered to be

released on bail in S.C. No.2000/2018 (Crime

No.0147/2018) of Kothanur Police Station for the

offences punishable under Sections 498(A), 304(b) read

with 34 of IPC and Section 3 and 4 of Dowry Prohibition

Act subject to the following conditions:

1. Petitioner/accused No.1 shall execute a personal
bond for a sum of Rs.2,00,000/-(Rupees Two
lakhs only) with two sureties for the likesum to the
satisfaction of the trial Court.

2. He shall not leave the jurisdiction of the Court
without prior permission.

3. He shall mark his attendance once in a month on
every first of the month, till the trial is concluded.

4. He shall not tamper with the prosecution evidence
directly or indirectly.

Sd/-

JUDGE
Chs*
CT-HR

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