IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2019
THE HON’BLE MR.JUSTICE K.N. PHANEENDRA
CRIMINAL PETITION NO.4801/2019
@ GADHIREDDY VENKATA
S/O RAMA KRISHNA MOHAN,
AGED ABOUT 37 YEARS,
R/A NO.G6, SPARROW WINGS
APARTMENT, INDIRA GANDHI
5TH MAIN, UDAYA NAGAR
II STAGE, A.NARAYANAPURA,
BANGALORE – 560 016. …PETITIONER
(BY SRI.HASHMATH PASHA, SR. ADVOCATE A/W
SRI.KALEEM SABIR, ADVOCATE)
STATE OF KARNATAKA,
BY MAHADEVAPURA POLICE STATION,
BANGALORE – 560 048.
(REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE – 560 001). …RESPONDENT
(BY SRI.K.P.YOGANNA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.173/2019 OF MAHADEVAPURA P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S 498A, 304B
R/W 34 OF SectionIPC AND SECTIONS 3 AND 4 OF D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
Heard the learned counsel for the petitioner. Perused
the records and the entire charge sheet papers furnished
for perusal of this Court by the learned counsel for the
2. On careful perusal of the entire charge sheet
papers, the allegations against the petitioner and other
accused are that this petitioner had married one Smt.
Raavi Jaya Madhavi(deceased) daughter of C.Ws.1 and 2.
It is alleged that their marriage took place on 3.3.2019 in
Andhra Pradesh. After marriage they were living together.
It is alleged that after some time of the marriage, accused
Nos.1 to 3 started demanding further dowry amount and
particularly some gold and silver articles etc. Therefore,
they started ill-treating and harassing the deceased
demanding further dowry though they have taken an
amount of Rs.1,50,000/- at the time of marriage. It is
stated that being frustrated in life due to ill-treatment and
harassment meted out by the petitioner and other accused
persons, the said lady committed suicide in the
matrimonial home between 13/14th April 2019 at about
12.45 in the night by hanging herself in the bedroom
ceiling fan when particularly the petitioner and other
accused persons were sitting in the hall portion of the
house watching television.
3. Learned counsel for the petitioner has also
brought to the notice of this Court that all was not well
between husband and wife. Apart from the said false
allegations made against the petitioner, there was some
reason for the differences between A-1 i.e. the petitioner
herein and the deceased. Learned counsel has drawn my
attention to the FIR lodged by the mother of the deceased
against one Shekhar on 12.10.2018, wherein it is alleged
that the accused in the said case by name P. Shekar who
was running a Cell phone shop was coming to her house in
the absence of her husband and showing some vulgar
photos of her daughter i.e. pertaining to the deceased
Ravvi Jayamadhavi and used to threaten her that those
pictures will be shown to the petitioner herein and if they
do not pay him money he will circulate the pictures across
all social media platforms. In fact what are all those
pictures and why that person was exploiting the said lady
is not forthcoming. However, the above said factual matrix
discloses that something was there between the said P.
Shekar, mother of the deceased as well as the deceased.
Therefore, under the said circumstances what exactly was
the reason for committing the suicide is not forthcoming
and whether it was due to demand of dowry or due to any
other reasons has to be thrashed out during the course of
full dressed trial.
4. As could be seen from the records, the charge
sheet has already been filed. The other accused persons
have already been released on bail and this petitioner was
arrested on 14.4.2019 and since then he has been in
judicial custody and the trial may also take sufficient time.
Particularly on the basis of the above said facts and the
nature of the allegations made and the materials collected,
in my opinion, the petitioner is entitled to be enlarged on
bail as the said offences are not punishable either with
death or imprisonment for life.
5. Hence, the following:-
The Petition is allowed. Consequently, the petitioner
shall be released on bail in connection with Crime No.
173/2019 of Mahadevapura Police Station, Bengaluru City
registered against him for the offences punishable under
Sections.498A, 304B read with Section 34 of IPC and
Sections 3 and 4 of D.P. Act, subject to the following
(i) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/-(Rupees One
Lakh only) with one surety for the like-sum to
the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering
the prosecution witnesses.
(iii) The petitioner shall appear before the
jurisdictional Court on all future hearing dates
unless exempted by the Court for any genuine
(iv) The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the Court till the case registered
against him is disposed of.