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Judgments of Supreme Court of India and High Courts

Imtiyas Khan vs State Of Karnataka on 13 March, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.513/2018

BETWEEN:

IMTIYAS KHAN
S/o LATE KHALEEL KHAN,
AGE 27 YEARS,
R/O INFRONT OF MILLAT SCHOOL,
BASHANAGARA MAIN ROAD
DAVANAGERE – 572 106.
…PETITIONER

(BY SRI C.H.JADHAV, SENIOR ADV., FOR
SMT RASHMI JADHAV, ADV.,)

AND:

THE STATE OF KARNATAKA
BY STATE BY WOMEN POLICE STATION,
DAVANAGERE, REP. BY ITS
PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE-560 001.
… RESPONDENT

(BY SRI K.NAGESHWARAPPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.
NO.80/2017 (C.C.NO.701/2017) OF WOMEN POLICE
STATION, DAVANAGERE DISTRICT FOR THE OFFENCE
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P/U/S 498A, 302, 304B R/W 34 OF IPC AND SECTIONS 3
AND 4 OF DOWRY PROHIBITION ACT.
THIS CRL.P COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

ORDER

This is a petition filed under Section 439 of

Cr.P.C., by accused No.1. The respondent-Police

registered a case in Crime No.80/2017 against the

petitioner in relation to offences punishable under

Section 498A, 302 and 304B read with Section 34 of IPC

and under Sections 3 and 4 of Dowry Prohibition Act,

1961. In addition to this petitioner, there are three other

similar accused persons.

2. The complaint was made by the mother of the

deceased. The marriage between the deceased and the

petitioner took place on 21.9.2015. There is allegation

that dowry in the form of cash of Rs.80,000/- and some

gold articles were given to the petitioner at the time of
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marriage. After the marriage, the petitioner was

demanding for additional dowry. Since, the deceased

was not ready to bring dowry from her parents house,

she was subjected to harassment from this petitioner

and other accused. This was brought to the notice of the

complainant also. The specific allegation is that on

17.5.2017, the petitioner and other accused caused the

death of the deceased and then hanged the dead body.

3. Heard the petitioner’s counsel and the learned

High Court Government Pleader for the respondent-

State.

4. The petitioner’s counsel submits that it was a

case of suicide. The post mortem report is not clear and

false allegations are made against the petitioner. The

petitioner is in custody for the last 10 months. Since,

investigation is completed, his presence is no longer

necessary.

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5. The learned High Court Government Pleader for

the respondent-State opposes the grant of bail by

submitting that it is a clear case of murder.

6. Perused the prosecution papers.

7. The post mortem report states that the

deceased died due to asphyxia consequent upon

hanging. However, there are signs suggestive of trying to

asphyxiate her prior to death. The cause of death is to

be established before the Court. Investigation is

completed. Hence, the presence of the petitioner is no

longer necessary for further investigation. Therefore, he

can be admitted to bail. Hence, the following:

ORDER

Petition is allowed.

The petitioner shall be released on bail on his

executing bond for a sum of Rs.1,00,000/- (Rupees One
5

Lakh) and furnishing two sureties for the likesum to the

satisfaction of the trial Court. The petitioner is

subjected to following conditions:

(i) He shall regularly appear before the
Court during trial, and

(ii) He shall not threaten the witnesses
and tamper with the prosecution
evidence.

Sd/-

JUDGE

PB

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