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Adil Shariff @ Adil Ahmed vs The State Of Karnataka on 25 April, 2019

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.

-3-

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
-4-

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

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