IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2019
BEFORE
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.8671/2018
BETWEEN:
Adil Shariff @ Adil Ahmed
S/o Ezaaz Ahmed,
Aged about 30 years,
Occ: Mechanic in a
Private Mechanic Shop,
R/at II Cross, Park Road,
Viajayanagara Extension,
Hassan-573 201. …Petitioner
(By Sri K. A. Chandrashekara, Advocate)
AND:
The State of Karnataka
By the Police of
Pension Mohalla Police Station,
Hassan-573 201.
Rept. by SPP,
High Court of Karnataka,
Bengaluru-560 001. … Respondent
(By Sri. M. Divakar Maddur, HCGP)
This Criminal Petition is filed under Section 438 of
Criminal Procedure Code praying to enlarge the
petitioner on bail in Crime No.269/2018 of Pension
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Mohalla Police Station, Hassan District for the offences
punishable under Sections 498A, Section304B, Section506 read with
149 of SectionIPC and also under Section 3 and Section4 of Dowry
Prohibition Act, 1961.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The learned counsel for the petitioner submitted
that the petitioner has sustained dislocation of his left
shoulder and he has to undergo for treatment
immediately in the hospital, as such, the said case is
taken out of the turn.
2. The present petition has been filed by the
petitioner-accused No.1 under Section 438 of Cr.P.C.
praying this Court to release him on anticipatory bail in
the event of his arrest in Crime No.269/2018 of Pension
Mohalla Police Station, Hassan for the offences
punishable under Sections 498A, Section304B, Section506 read with
149 of SectionIPC and also under Section 3 and Section4 of Dowry
Prohibition Act, 1961.
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3. I have heard the learned counsel for
petitioner and the learned High Court Government
Pleader for respondent-State.
4. The gist of the complaint is that the marriage
of the deceased was solemnized with the petitioner-
accused No.1 about five months prior to the date of the
complaint. At the time of marriage, some gold
ornaments along with house hold articles worth
Rs.2,00,000/- were given. Subsequently, after the
marriage, accused persons started ill-treating the
deceased both physically and mentally and demanded
an amount of Rs.10,00,000/- as additional dowry. The
petitioner-accused No.1 started suspecting the deceased
and when she became pregnant, he suspected her
fidelity and because of the said harassment, an
altercation took place on 29.09.2018 and a complaint
was registered. On 31.10.2018, the deceased committed
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suicide by consuming the poison. On the basis of the
complaint, a case has been registered.
5. It is the submission of learned counsel for
the petitioner that already accused Nos.2 to 7 have been
released on bail, on the ground of parity, the petitioner-
accused No.1 is also entitled to be released on bail. It is
further submitted that the deceased herself was not
interested to stay with the petitioner. On 29.09.2018,
when the petitioner asked her to come and sleep along
with him, she tried to strangulate him and a complaint
was registered in Crime No.259/2018. After a month,
she committed suicide by consuming the poison in her
parental house. It is further submitted that after
29.09.2018, she started residing in her parental house,
there was no communication and no interaction
between the deceased and the petitioner-accused No.1.
He further submitted that the complaint itself clearly
goes to show that because of her own reasons, as she
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did not want to be a burden to her parents for the
purpose of litigation or any other reason, she committed
suicide by consuming the poison. He further submitted
that Section 304B of IPC is not attracted, as there was
no ill-treatment or harassment made by the petitioner-
accused No.1 at the time of her death. No incriminating
material has been produced to show that the petitioner-
accused No.1 has ill-treated or harassed the deceased,
and due to that, she has committed suicide by
consuming the poison. Further, he submitted that the
petitioner-accused No.1 is ready to abide by any
conditions that may be imposed on him by this Court
and ready to offer sureties. On these grounds, he
prayed to allow the petition and to release the
petitioner-accused No.1 on bail.
6. Per contra, learned High Court Government
Pleader vehemently argued and submitted that at the
time of marriage, huge dowry and gold ornaments were
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given and subsequently, the petitioner-accused No.1
started demanding Rs.10,00,000/- as additional dowry.
The deceased was harassed mentally and physically and
due to which, she committed suicide by consuming the
poison. It is his further submission that the petitioner
was suspecting fidelity of the deceased. There is ample
material to connect the petitioner to the alleged crime.
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 produced in this behalf and the
submissions made by learned counsel for both the
parties.
8. By going through the contents of the
complaint and other materials, it indicates that there
are serious allegations of cruelty committed by the
petitioner-accused No.1 on the deceased. Hence, I am of
the opinion that the petitioner-accused No.1 has not
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made out any good ground to release him on
anticipatory bail. Accordingly, criminal petition stands
dismissed.
However, the petitioner-accused No.1 is at liberty
to file for regular bail application after surrender, in that
event, the above observation will not come in the way
for consideration of the said application.
Sd/-
JUDGE
RB