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Karnataka High Court
Kamala Kannan vs State By R.T. Nagar Ps on 15 February, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 799 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON’BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 799 OF 2024 (439)
BETWEEN:
KAMALA KANNAN
S/O. SATHYAMOORTY,
AGED ABOUT 26 YEARS,
R/AT, NO 17, 2ND CROSS GARDEN,
D J HALLI, J. C. NAGAR,
BANGALORE -560006.
…PETITIONER
(BY SRI VINOD N., ADVOCATE)
AND:
STATE BY R.T. NAGAR PS,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE -560001
…RESPONDENT
ANNAPURNA (BY SMT. ANITA GIRISH, HCGP)
CHINNAPPA
DANDAGAL THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC BY THE
Digitally signed by
ANNAPURNA ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
CHINNAPPA
DANDAGAL
Date: 2024.02.19 COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN
15:00:09 +0530
CR.NO.275/2023 REGISTERED BY THE R.T.NAGAR P.S., FOR THE
OFFENCE P/U/S 304B,498A,504,323 R/W 34 OF IPC ON THE FILE OF
THE 32ND A.C.M.M, BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 799 of 2024
ORDER
Accused No.1 in Crime No.275/2023 registered by
R.T.Nagar Police Station, Bengaluru City for the offences
punishable under Sections 304B, 498A, 504 and 323 of
IPC is before this Court under Section 439 of the Cr.P.C.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.275/2023 was registered by R. T.
Nagar Police Station, Bengaluru City for the aforesaid
offences against the petitioner herein and two others
based on the complaint dated 12.08.2023 lodged by Smt.
Radha, who is the mother of deceased-Shilpa.
4. During the course of investigation of the case, the
petitioner was arrested on 21.08.2023 and remanded to
judicial custody. Investigation in the case is completed and
charge sheet has been filed. Bail application filed by
petitioner before the Court of XLV Additional City Civil and
Sessions Judge, Bengaluru City (CCH-46) in Criminal
Miscellaneous No.12766/2023 was rejected on
12.01.2024. Therefore, he is before this Court.
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CRL.P No. 799 of 2024
5. Learned counsel for the petitioner having
reiterated the grounds urged in the petition, submits that
the material on record would go to show that the deceased
who is the wife of petitioner had deserted the petitioner
and she was residing separately, there is no material to
invoke section 304B of IPC against the accused. Further
proceedings in the case as against accused Nos.2 and 3
has been stayed by this Court in Criminal Petition
No.7912/2023. Accordingly, he prays to allow the petition.
6. Per contra, the learned High Court Government
Pleader has opposed the petition. She submits that prior to
Shilpa committing suicide she had forwarded Whatsapp
messages to her relatives stating petitioner was the cause
for her death. She also submits that there is sufficient
material to show that the deceased was being harassed for
dowry by the accused. Accordingly, she prays to dismiss
the petition.
7. The material on record would go to show that the
marriage of the petitioner with the deceased-Shilpa was
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CRL.P No. 799 of 2024
solemnized on 17.03.2023. As per the complaint and the
charge sheet allegations, after the marriage the petitioner
and other accused persons were demanding additional
dowry and they were harassing the deceased in
furtherance of their demand for additional dowry. The
material on record would go to show that the relationship
between the petitioner and his wife was strained and she
had taken shelter in her parents’ house. The material also
goes to show that few days prior to deceased committing
suicide, she had approached J.C. Nagara Police Station,
Bengaluru and had lodged a complaint, based on which a
NCR case was registered by the said Police. In the said
complaint, dated 03.08.2023 which was lodged before the
J.C Nagara Police Station, there was no allegation of
demand for dowry by the accused persons nor there was
any allegation about the ill-treatment in furtherance of
demand made for dowry.
8. Allegation is now made against the accused
persons that there was a demand for payment of
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CRL.P No. 799 of 2024
additional dowry and in furtherance of such demand,
accused had ill-treated and tortured the deceased.
Investigation in the case is completed and charge sheet
has been filed. It is not in dispute that the further
proceedings in the present case as against accused Nos.2
and 3 has been stayed by the co-ordinate bench of this
Court in Criminal Petition No.7912/2023. Even otherwise
in the complaint that was lodged on 03.08.2023 before the
J.C.Nagara Police Station by the deceased, there are no
such averments with regard to demand of additional dowry
or harassment by the accused persons in furtherance of
such demand. Under the circumstances, I am of the
opinion that the prayer made by the petitioner for grant of
regular bail is required to be answered in the affirmative.
Accordingly the following:
ORDER
Petition is allowed. The petitioner/accused No.1 is
directed to be enlarged on bail in Crime No.275/2023
registered by R.T.Nagar Police Station, Bengaluru City for
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CRL.P No. 799 of 2024the offences punishable under Sections 304B, 498A, 504
and 323 of IPC, subject to the following conditions:
i. The petitioner/accused No.1 shall execute
personal bond for a sum of Rs.1,00,000/-
with 2 sureties for the like-sum to the
satisfaction of the jurisdictional Court;
ii. The petitioner/accused No.1 shall appear
regularly on all the dates of hearing before
the Trial Court unless the Trial Court
exempts his appearance for valid reasons;
iii. The petitioner/accused No.1 shall not
directly or indirectly threaten or tamper
with the prosecution witnesses.
Sd/-
JUDGE
CKK/
CT:GSM
List No.: 19 Sl No.: 4