IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2018
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.513/2018
S/o LATE KHALEEL KHAN,
AGE 27 YEARS,
R/O INFRONT OF MILLAT SCHOOL,
BASHANAGARA MAIN ROAD
DAVANAGERE – 572 106.
(BY SRI C.H.JADHAV, SENIOR ADV., FOR
SMT RASHMI JADHAV, ADV.,)
THE STATE OF KARNATAKA
BY STATE BY WOMEN POLICE STATION,
DAVANAGERE, REP. BY ITS
HIGH COURT BUILDING,
(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
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:
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
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-
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
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:
Petition is allowed.
The petitioner shall be released on bail on his
executing bond for a sum of Rs.1,00,000/- (Rupees One
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