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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF SEPTEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.200866/2018
Between:
Akash S/o Shetteppa Gunjyal
Age: 34 Years, Occ: Agril,
R/o Satapur, Tq. Dist: Nashik
(Maharastra State)
… Petitioner
(By Sri Shivanand V. Pattanshetti, Advocate)
And:
The State of Karnataka
R/by Addl. SPP Kalaburagi
Bench-585106
(Through Almel P.S.
Dist: Vijayapur)
… Respondent
(By Sri P.S. Patil, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to grant regular bail to the petitioner/
accused No.1 in CC No.182/2018 (Almel P.S. FIR (Crime)
No.81/2018) for the offences punishable under Sections
498A, 302, 304B R/w Section 34 of Indian Penal Code and
Sections 3 and 4 of Dowry Prohibition Act, pending on the
file of Addl. Senior Civil Judge JMFC Court at Sindagi.
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This petition coming on for Orders this day, the
Court made the following:
ORDER
The petitioner is accused No.1 in Crime No.81/2018
of Almel P.S., Vijayapur, registered for the offences
punishable under Sections 498A, 307 R/w Section 34 of
Indian Penal Code and after completion of the
investigation, charge sheet was filed under Sections 498A,
302, 304B R/w Section 34 of Indian Penal code and under
Sections 3 and 4 of Dowry Prohibition Act.
2. It is the case of the prosecution that, the
complainant’s daughter Smt. Divya was given in marriage
to the petitioner who is a resident of Devar Navadagi
village in Sindagi Taluk. The accused No.1-petitioner along
with accused Nos.2 to 4, who are the parents and sister of
accused No.1, respectively, used to demand the deceased
to bring gold and money from her parental house. She
was informing the complainant that she is not ready to go
and stay with the accused persons since they were
subjecting her to physical and mental cruelty and
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accordingly she had come and stayed with her parents.
However, about 15 days prior to the date of incident, she
was taken back and she started residing in the house of
Accused No.4. On 11.04.2018 at about 3:00 p.m., the
mother-in-law of the deceased informed the complainant
over phone that Smt. Divya has sustained burn injuries in
the house of accused No.4 and that she has been shifted
to Sindagi Government Hospital. Immediately, the
complainant and others left for Sindagi. Again they were
informed that the injured has been shifted to Vijayapura
Government Hospital. Later the injured was shifted and
admitted at Gulbarga Government Hospital, wherein she
succumbed to the injuries on the intervening night of
14/15-04-2018.
3. Initially, the crime was registered under
sections 498A and 307 R/w Section 34 of Indian Penal
Code against accused Nos.1 to 4. After completion of the
investigation, charge sheet was filed for the offences
punishable under Section 498A, 302 and 304B R/w Section
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34 of Indian Penal Code and under Sections 3 and 4 of
Dowry Prohibition Act.
4. I have heard the learned counsel for the
petitioner and the learned High Court Government Pleader
for the respondent/State.
5. Learned counsel for the petitioner contended
that there is no allegation that immediately before the
incident the deceased was subjected to cruelty on account
of any demand for dowry. He further submits that even
according to the witnesses i.e., C.Ws.12 to 14, accused
Nos.1 and 2 had left their house prior to the incident to go
to Nasik and even on the date of incident i.e., 11.04.2018
when the incident took place, the other accused were
along with the said witnesses. He further submits that the
investigation officer has filed a requisition before the
learned Magistrate to delete Section 302 of Indian Penal
Code.
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6. Per contra, learned High Court Government
Pleader contended that at the time when the deceased was
alive she informed the complainant that the accused
persons have caused burn injuries to her and in view of
the same, initially after her death Section 302 of Indian
Penal Code was incorporated. He submits that the accused
persons were given physical and mental torture to the
deceased demanding dowry from her parental house and
hence on these grounds he seeks for dismissal of the
petition.
7. That the first information report discloses that
the marriage of the deceased with accused No.1 was
performed about two years prior to the incident. The
accused was eking his livelihood in Nasik and later in view
of the torture meted to the deceased, she went and stayed
with her parents and thereafter about 15 days prior to the
date of incident she went to the village i.e., Devar
Navadagi and started staying in the house of accused
No.4. On 01.04.2018 at about 2:30 p.m. she sustained
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burn injuries, which was informed to the complainant by
accused No.3 and when complainant and others went to
the hospital, they saw that the deceased had sustained
burn injuries and that the deceased informed the
complainant that Accused Nos.3 and 4 poured kerosene
and set her fire.
8. However, the investigation materials reveal
that according to the statement of the witnesses namely
C.W.12-Anitha, C.W.13-Puthalabai, on the date of the
incident both accused Nos.1 and 2 had gone to Nasik and
accused Nos.3 and 4 were along with the said witnesses
when the said incident took place and at that time they
have seen the deceased coming out of the house having
sustained burn injuries. The investigation officer has given
a requisition to delete Section 302 of Indian penal Code,
which is evident from the order sheet dated 13.07.2018 in
C.C.No.182/2018.
9. Considering the above facts and
circumstances, I am of the view that the
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petitioner/accused No.1 may be enlarged on bail.
Accordingly, I proceed to pass the following;
ORDER
The petition is allowed.
The petitioner/Accused No.1 shall be enlarged on bail
in Crime No.81/2018 of Almel P.S., CC No.182/2018, on
the file of Additional Senior Civil Judge and JMFC, Sindagi,
for the offences punishable under Sections 498A, 302,
304B R/w Section 34 of Indian Penal Code and Sections 3
and 4 of Dowry Prohibition Act, on the following
conditions;
i. The petitioner/ Accused No.1 shall
execute his personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand
Only) with two sureties for the likesum to
the satisfaction of the jurisdictional
Magistrate.
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ii. The petitioner/Accused No.1 shall not
either directly or indirectly tamper the
prosecution witnesses and he shall not
hamper the case of the prosecution.
iii. The petitioner/ Accused No.1 shall not
leave the jurisdiction of the trial Court
without the prior permission of the
learned Sessions Judge.
iV. The petitioner/Accused No.1 shall be
regular in attending the Court
proceedings.
If any of the bail conditions are violated, the State is
at liberty to move for cancellation of bail.
Sd/-
JUDGE
BL