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THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 20 T H DAY OF JULY 2021
BEFORE
THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.101278/2021
BETWEEN:
1. BHEEMAPPA S/ O HANUMANTAPPA KA TAGI
AGE 61 YEARS , OCC COOLIE,
R/O ANEGUNDI , T Q GAN GAVATHI,
DIST KOPPAL- 583227.
2. SMT.ALAVELAMMA W/O BHEEMAPPA K ATAGI
AGE 55 YEARS , OCC HOUSEHOLD ,
R/O ANEGUNDI , T Q GAN GAVATHI,
DIST KOPPAL- 583227.
3. HANUMESH S/ O BHEEMAPPA KATAGI
AGE 24 YEARS , OCC SECURITY GUARD,
R/O ANEGUNDI , T Q GAN GAVATHI,
DIST KOPPAL- 583227.
…PETITIONERS
(BY SRI.K L PATIL, ADVOCATE)
AND
THE STATE OF KARNATAKA
THROUGH GANGAV ATI RURAL P.S .-583227
R/BY PUBLIC PROS ECUTOR
HIGH COURT OF K ARNATAKA
DHARWAD BEN CH.
… RES PONDENT
(BY SRI. RAMESH CHIGARI , HCGP)
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THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., SEEKIN G TO GRANT REGULAR BAIL TO THE
PETITIONERS / A CCUSED N O.2 TO 4 IN GANGAVAT HI
RURAL POLICE STATION CRIME NO.318/ 2020
REGISTERED F OR THE OFF ENCE PUNISHABLE UNDER
SECTION 498A , 302, 304B R/W 34 OF IPC AND 3, 4
AND 6 OF THE DOWRY PROHIBITION ACT, 1961
PENDING ON THE FILE OF T HE PRL. CIVIL JUD GE AND
JMFC COURT, GAN GAVATHI.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the accused under
Section 439 of The Code of Criminal Procedure,
1973 (hereinafter referred to as the ‘Cr.P.C.’,
for brevity) seeking bail in Crime No.318/2020
of Gangavati Rural Police Station, registered
for the offences punishable under Sections
498A, 302, 304B r/w 34 of The Indian Penal
Code (hereinafter referred to as the ‘IPC’, for
brevity).
2. It is the case of the prosecution that
one Revanappa has filed the complaint stating
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that the marriage of his daughter Smt.Shruti
was performed with accused No.1-Manjunath
on 03.03.2019 and at the time of marriage, he
gave 3 tola of gold, Rs.50,000/- and utensils
etc. After the marriage, the deceased Shruti
went to her matrimonial home, initial three
months her in-laws treated her well, thereafter
her husband-accused No.1-Manjunath, accused
No.2-father-in-law, accused No.3-mother-in-
law, accused No.4-brother-in-law and sister-in-
laws started harassing her. Whenever the
deceased used to come to her parental house,
she used to tell the said aspect to her parents.
The complainant and his relatives went to the
house of accused and the elders compromised
the matter between both the sides and they
sent the deceased Shruti to her matrimonial
house. It is further stated that since last three
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months, due to the dowry amount, the accused
persons harassing the deceased mentally and
physically, therefore the complainant has told
his daughter and her husband that he is going
to make good of the dowry amount. The
deceased Shruti was sustaining the dowry
harassment at her husband’s house. On
17.12.2020, the complainant took the deceased
to her husband’s house and left her in her
husband’s house and told in laws that, he
will pay them Rs.50,000/- in the month of
January. On 19.06.2020 at about 10.00 p.m.
the deceased has informed to her brother
Maruti over phone that her husband Manjunath,
father-in-law, mother-in-law, brother-in-law
are harassing by assaulting her for dowry
amount. When the same was informed to the
complainant, then he talked to Shruti over
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phone and told her that he will come there
next day morning. When the complainant
again called to his daughter, then her phone
was switched off and her husband and others
did not respond to the phone call. It is further
stated that on 20.12.2020, at about 12.00 p.m.
when the complainant went to his daughter’s
house along with his son Maruti, he saw that
his daughter was murdered and her body was
on the floor. It is further stated that the
accused persons have murdered the deceased
Shruti and laid her body on the floor. It is
alleged that on 19.12.2020, all the accused
persons have assaulted and committed the
murder of his daughter Shruti by hanging her.
The said complaint came to registered in Crime
No.318/2020 for the aforesaid offences. The
petitioners came to be arrested on 21.12.2020
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and they are remanded to judicial custody. The
petitioners filed Crl.Misc.No.204/2021, seeking
bail and the same came to be rejected by the I
Addl. District and Sessions Judge, Koppal
(Sitting at Gangavathi), by order dated
08.06.2021. Therefore, the petitioners are
before this Court seeking bail.
3. Heard the learned counsel appearing
for the petitioners and the learned High Court
Government Pleader for the respondent-State.
4. It is the contention of the learned
counsel for the petitioners that the petitioners
are innocent, have not committed any offence
as alleged and they have been falsely
implicated in this case. He further contends
that on perusal of the charge sheet at column
No.17, spot mahazar, further statement of
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CW.1 and injuries noted in post mortem report,
it is clear that the deceased committed suicide.
He contends that the doctor who conducted
post mortem examination has not given
opinion regarding the cause of death and it is
kept pending till receipt of FSL report. He
contends that accused Nos.5 and 6 who are
sisters of accused No.1 have been granted
anticipatory bail by this Court. He contends
that charge sheet has been filed and therefore
the petitioners are not required for any
custodial interrogation. With this, he prayed
for allowing the petition.
5. Per contra, learned High Court
Government Pleader contended that the offence
alleged against the petitioners is heinous
offence punishable with death or imprisonment
for life. He contends that on perusal of the
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entire charge sheet material, there is a prima
facie material against the petitioners, if the
petitioners are granted bail, they will tamper
the prosecution witnesses and flee from
justice. With this, he prayed to dismiss the
petition.
6. Having regard to the submission
made by the learned counsel for the petitioners
and the learned High Court Government
Pleader, this Court has gone through the
charge sheet records.
7. The accusation leveled against the
petitioners/accused Nos.2 to 4 and accused
No.1 is that they used to harass the deceased
Shruti, demanding dowry and on the date of
the incident, they harassed her and caused her
death and hanged her. On perusal of the
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averments of the spot mahazar, further
statement of CW.1 and injuries noted in post
mortem report, it appears that deceased has
committed suicide. The doctor who conducted
post mortem examination has not given his
final opinion and it is kept pending till receipt
of FSL report. Therefore, whether the death of
deceased is suicidal or homicidal is a matter of
trial. As the charge sheet has been filed the
petitioners are not required for any custodial
interrogation. The petitioner No.1 is aged 61
years and petitioner No.2 is a woman aged 55
years. There are no criminal antecedents of
the petitioners. The main objection of the
prosecution is that in the event of granting
bail, the petitioners are likely to cause threat
to the complainant and other prosecution
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witnesses. The said objection may be set right
by imposing stringent conditions.
8. In the facts and circumstances of the
case and submission of the counsel, this Court
is of the view that there are valid grounds for
granting bail subject to certain terms and
conditions. Hence, I proceed to pass the
following:
ORDER
The petition filed under Section 439 of
Cr.P.C. is allowed. Consequently, the
petitioners-accused Nos.2 to 4 shall be
released on bail in Crime No.318/2020 of
Gangavati Rural Police Station subject to the
following conditions:
i) The petitioners-accused Nos.2 to 4
shall execute a personal bond for a
sum of Rs.1,00,000/- (Rupees one
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lakh only) each with one surety for
the like sum to the satisfaction of the
jurisdictional Court.
ii) The petitioners shall not indulge in
tampering the prosecution witnesses.
iii) The petitioners shall attend the Court
on all the dates of hearing unless
exempted and co-operate in speedy
disposal of the case.
Sd/-
JUDGE
RM