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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.4743/2019
BETWEEN:
Ekambaram Singh
Son of Anantharamm Singh
Aged about 33 years
R/at No.370, 4th Cross,
Andrahalli Main Road,
Vishwa Needam Post,
Bengaluru-560 091
…Petitioner
(By Sri.Siji Mulagil, Advocate for
Sri.P.Naveen Kumar, Advocate)
AND:
The State of Karnataka
By BEML Nagar Police Station,
KGF, Rep by its Government Pleader
High Court Complex,
Bangalore-560 001.
…Respondent
(By Sri.Honnappa, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the event
of his arrest in Cr.No.22/2019 of BEML Nagar, P.S., KGF
for the offence p/u/s 498A, 304B, 504 read with Section
149 of IPC and Sections 3 and 4 of DP Act.
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This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
Heard the learned counsel for the petitioner and
learned HCGP for the respondent-State. Perused the
records.
2. Petitioner is arraigned as accused No.1 in Crime
No.22/2019 of BEML Nagar Police Station, for the offence
punishable under Sections 498A, Section304B, Section504 read with
Section 149 of IPC and Sections 3 and Section4 of Dowry
Prohibition Act. The other accused persons granted with
anticipatory bail by the Sessions Judge in
Crl.Misc.Nos.295/2019 and 301/2019 except this
petitioner.
3. There is no dispute that the deceased-Nandini
Bai was given in marriage to the petitioner and their
marriage took place on 02.11.2016. For long years
deceased did not beget any child. In this background it is
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alleged that accused persons were ill-treating and
harassing her and named as sterilized lady as she did not
beget any child. It is said that deceased has been brought
to her parental house on 11.05.2019 and since then she
started residing in her parental house. It is alleged that on
11.05.2019 there was some compromise but in spite of that
the petitioner did not take her back to his home. In the
above said background, it is alleged that on 15.05.2019
deceased committed suicide in her parental house and
thereafter, a complaint came to be lodged against petitioner
and other accused persons.
4. Learned counsel for the petitioner has brought
to the notice of this court that deceased was suffering from
Mocobac Bacherium Tuberculosis and she has been treated
for the same on regular basis. Further added to the above
facts, there are no materials at this stage to show that what
transpired between 11.05.2019 to 15.09.2015 in the
parental house of the deceased and why she actually
committed suicide. what transpired in these four days is
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the main aspect that has to be established by the trial
Court while dealing with the matters like this. Therefore,
under the above said circumstances, the allegations are
similar and in fact, the allegations against other accused
persons are more and that they were threatening the
deceased with dire consequences of performing second
marriage to the petitioner.
5. Under the above said circumstances, merely
because serious offences are invoked under SectionIPC and SectionDowry
Prohibition Act, it does not mean that the hands of the
Court are tied in granting the bail. There are no materials
to show regarding ill-treatment and harassment, it has to
be established during the course of full fledged trial.
Therefore, petitioner is entitled for grant of anticipatory
bail. Hence, the following:
ORDER
The petition is allowed. Consequently, the petitioner
shall be released on bail in the event of his arrest in
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connection with Crime No.22/2019 of BEML Nagar Police
Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the
Investigating Officer within Ten days from the date
of receipt of a certified copy of this order and he
shall execute his personal bond for a sum of
Rs.1,00,000/- with one surety for the like-sum to
the satisfaction of the concerned Investigating
Officer.
ii) The petitioner shall not indulge in hampering the
investigation or tampering the prosecution
witnesses.
iii) The petitioner shall co-operate with the
Investigating Officer to complete the investigation,
and he shall appear before the Investigating Officer
as and when called for.
iv) The petitioner shall not leave the jurisdiction of
Investigating Officer without prior permission, till
the charge sheet is filed or for a period of three
months whichever is earlier.
v) The petitioner shall mark his attendance once in a
week i.e, on every Sunday between 10.00 am and
5.00 pm., before the Investigating Officer for a
period of two months or till the charge sheet is
filed, whichever is earlier.
Sd/-
JUDGE
SB