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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 2024

the 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