CRL.P.NO.4173/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER 2018
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.4173 OF 2018
BETWEEN:
ANAND
S/O NARAYANA
AGED ABOUT 32 YEARS
PERMANENT R/O
HALE THIRUMAKOODALU
NEAR CHUNCHANAGIRI KALYANA MANTAP
BHAIRAPURA POST
T.NARASIPURA
MYSORE DISTRICT – 571 124
PRESENT ADDRESS: 1ST MAIN
2ND CROSS, JAVAREGOWDA NAGAR
RAJARAJESHWARI NAGAR
BENGALURU – 560 098 …PETITIONER
(BY SMT.SANDHYA JAMADAGNI, ADV.)
AND
STATE OF KARNATAKA
THROUGH THE STATION HOUSE OFFICER
RAJARAJESHWARI NAGAR POLICE STATION
BENGALURU
REPRESENTED BY THE
SPECIAL PUBLIC PROSECUTOR
BENGALURU – 560 001 …RESPONDENT
(BY SRI S.T. NAIK, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRL.P.NO.4173/2018
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CR.NO.199/2017 OF RAJARAJESHWARI NAGAR POLICE
STATION, BENGALURU FOR THE OFFENCES P/U/S. 498-A, 302,
304-B OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITIONS
ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Rajarajeshwari Nagar Police have charge sheeted
the petitioner in Crime No.199/2017 of their Police
Station, which is now pending in S.C.No.1448/2017 on
the file of LXXI Addl.City Civil and Sessions Judge,
Bengaluru, for the offences punishable under Sections
498A, 302, 304B of IPC read with Sections 3 and 4 of
the Dowry Prohibition Act.
2. The marriage of the petitioner and victim
Shalini was solemnized on 17.4.2013. The couple have
two children aged 3 years and around 2 years. She died
during the intervening night of 09/10.8.2017 in the
house of the petitioner at Rajarajeshwari Nagar and the
death was unnatural one.
CRL.P.NO.4173/2018
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3. It is alleged that the petitioner was addicted to
alcohol and subjected Shalini to physical and mental
cruelty in connection with his unlawful demands and
suspecting her fidelity. It is further alleged that during
the intervening night of 09/10.8.2017, petitioner picked
up quarrel with Shalini, assaulted her and committed
her murder by throttling her.
4. Smt.Sandhya Jamadagni, learned Counsel
appearing for the petitioner submits that the death is
suicidal one and as per the statement of the victim’s
mother herself, the marriage was a love marriage,
therefore, the question of petitioner demanding dowry
does not arise. She further submits that petitioner is in
judicial custody since 2017 and the trial is not yet
concluded.
5. Learned Government Pleader submits that
death has occurred in the house of the petitioner within
five years of the marriage and the same is unnatural
CRL.P.NO.4173/2018
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one and petitioner has no explanation for that. He
further submitted that as per the postmortem report
and the other material, the death is homicidal one.
6. Indisputably, the death has occurred within five
years of marriage in the house of the petitioner and
during the death of the victim, petitioner, victim and the
children alone were present in the house.
7. The postmortem report shows ten external
injuries on the dead body. Further, the postmortem
report shows that death was due to asphyxia as a result
of compression of neck. To indicate that the death was
suicidal one, no ligature material was found at the
scene of offence or seized during the inquest
proceedings. No report was filed by the petitioner to
Police regarding death.
8. The charge sheet is laid not only for the offence
punishable under Section 304B IPC, but it is laid for
CRL.P.NO.4173/2018
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Section 302 IPC also. Therefore, whether it was a dowry
death or murder, the same has to be decided after trial.
9. So far as the delay in trial, it is upto the
petitioner to make a request before the Trial Court for
an expedited trial, if he finds that there is delay.
Having regard to the material on record and the
gravity of the offence, it is not a fit case to grant bail.
Therefore, petition is dismissed.
Sd/-
JUDGE
KNM/-
