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Anand vs State Of Karnataka on 17 December, 2018

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
2

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
3

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
4

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
5

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/-

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