IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2020
BEFORE
THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.201428/2019
Between:
Immanuel @ Jummi
S/o Prasad @ Richard Padri
Aged about 33 years, Occ: Paster
R/o Kadwad, Tq: and Dist: Bidar-584201
… Petitioner
(By Sri Shivakumar Kalloor, Advocate)
And:
State of Karnataka
By Bagdal Police Station
Tq: and Dist: Bidar-584201
Represented by
Addl. State Public Prosecutor
High Court of Karnataka
At Kalaburagi Bench – 585107
… Respondent
(By Sri P.S. Patil, HCGP)
This criminal petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.46/2019 of Bagdal police station, Tq: and Dist: Bidar
Crl.P.No.201428/2019
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for the offences under Sections 498(A), 304(B) read with
Section 34 of IPC and under Section 4 of Dowry Prohibition
Act in C.C.No.1820/2019 pending on the file of II Addl.
Civil Judge and JMFC-II at Bidar in the ends of justice.
This petition coming on for orders this day, the Court
made the following:
ORDER
The accused No.1 in Crime No.46/2019 has filed
this petition under Section 439 of the Code of Criminal
Procedure seeking his enlargement on bail for the
offences punishable under Sections 498A and 304B
read with Section 34 of the Indian Penal Code.
2. The petitioner is the husband of deceased
Kristakumari @ Rina. The complainant is the elder
sister of the deceased who has alleged in her
complaint that her deceased sister was being
subjected to cruelty in her matrimonial home by her
husband and other inmates of her home on the
ground that she did not bring any dowry at the time of
marriage and that she could not get any children for
Crl.P.No.201428/2019
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about six years after her marriage. The complainant
also appears to have stated that the deceased was
meted out to the cruelty in her matrimonial home by
these people. That being the case, on 16.06.2019 in
the afternoon at about 2.00 p.m. the deceased after
telephoning to her mother expressing her intention to
put an end to her life, committed suicide by hanging
herself. The complainant – Police have filed the
charge sheet against the present petitioner and other
accused for the offences punishable under Sections
498A and 304B read with Section 34 of the Indian
Penal Code, 1860 (hereinafter for brevity referred to
as ‘IPC’) and under Section 4 of the Dowry Prohibition
Act, 1961.
3. The learned counsel for the petitioner
submits that the petitioner is a priest in a church and
he was leading a satisfied married life with his wife. At
the time of the incident, he was away from home and
Crl.P.No.201428/2019
4
it is after knowing about the incident, he rushed to
home and saw the dead body of his wife. The learned
counsel also submitted that there are no material
collected by the Investigating Officer to prove the
alleged guilt against the accused/petitioner except the
fact that the deceased died in her matrimonial home
that itself is not sufficient to attract Section 304B of
IPC.
4. Per contra, learned High Court Government
Pleader who has filed statement of objection to the
petition contended that admittedly the death of the
deceased has occurred within seven years of her
marriage. The complaint itself reveals that the
deceased was subjected to cruelty not only by the
present petitioner, but, also by other inmates in her
matrimonial home. Thus, the Investigating Officer
after collecting sufficient evidence against the
accused, has filed the charge sheet.
Crl.P.No.201428/2019
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5. A reading of the materials placed before the
Court at this stage and prima facie would go to show
that even though the deceased is said to have breath
her last in her matrimonial home on 16.06.2019, but,
the very same complaint would go to show that the
deceased has disclosed her intention to commit
suicide to her mother which is prior to the incident. It
also cannot be ignored that nowhere in the complaint
the complainant has alleged that any of the accused
were instigating the deceased to commit suicide.
Even in the charge sheet also, it appears to have been
not specifically stated as to from whose provocation
and instigation the alleged suicide of the deceased has
taken place. In such circumstance, the alleged
demand for dowry and the alleged cruelty said to have
meted to the deceased in her matrimonial home would
be the subject matter of trial.
Crl.P.No.201428/2019
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6. In such scenario, considering the fact that
the investigation has already been completed and
charge sheet has been filed, I am of the view that by
imposing certain conditions the petitioner be enlarged
on bail. Accordingly, I proceed to pass the following:
ORDER
The petition is allowed. The petitioner be
enlarged on bail in C.C.No.1820/2019 pending on the
file II Addl. Civil Judge and JMFC, at Bidar, arising out
of Crime No.46/2019 of Bagdal Police Station, Bidar
District, subject to the following conditions:
(i) That the petitioner shall execute a
personal bond for a sum of
`50,000/- with two solvent sureties
for the likesum to the satisfaction
of the enlarging court.
(ii) The petitioner to give in writing
about the change in his address, if
any, to the Investigating Officer as
and when such change occurs and
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regard.
(iii) He shall appear before the Court
on all the dates of hearing.
(iv) He shall not hamper or tamper the
prosecution witnesses and
documents in any manner.
Sd/-
JUDGE
Srt
