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Immanuel @ Jummi vs State Of Karnataka on 8 January, 2020

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
2

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
3

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
5

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
6

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
Crl.P.No.201428/2019
7

obtain acknowledgement in that
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

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