IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER 2019
BEFORE
THE HON’BLE MR.JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.5588 OF 2019
BETWEEN:
Mahesh Savalgi
S/o. Subhas Savalgi,
Aged about 29 years,
R/at No.299, 14th Main,
Kere Road, Ward No.47,
Nelagadarahalli, Nagasandra Post,
Bengaluru-560073.
…Petitioner
(By Sri. M.Shasidhara, Advocate)
AND:
State By
Peenya P.S,
Represented by SPP,
High Court of Karnataka,
At Bengaluru-560001.
…Respondent
(By Sri. Rohith B.J., HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.623/2018 of Peenya Police Station, Bengaluru City for
the offence punishable under Section 498A, Section304B read with
34 of SectionIPC, Sections 3 and Section4 of Dowry Prohibition Act.
This Criminal Petition coming on for orders this day,
the Court made the following:
-2-
ORDER
Heard the learned counsel for the petitioner and
the learned HCGP for the respondent-state. Perused the
records.
2. The Petitioner is arraigned as A-1 in Crime
No.623/2018 of Peenya Police Station, Bengaluru. A
charge sheet has been laid against the petitioner and
others for the offence under Sectionsections 498A, Section304B read
with Sectionsection 34 IPC and also Sectionsections 3 and Section4 of the
Dowry Prohibition Act.
3. There is no dispute that the deceased was
given in marriage to accused No.1 and, accused No.1
and the deceased were residing together in
Nelagadaranahalli, Gangamma Building. It is alleged
that petitioner was harassing the deceased for payment
of Rs.15,00,000/- further dowry. Even in spite of
covering panchayath, accused No.1 did not desist
himself from demanding such amount. In this
-3-
background being dejected in life, on 10.12.2018, the
deceased committed suicide in her house by hanging
herself to the ceiling fan. Moreover, perusal of the
statement of the witnesses shows that there are
allegations against the accused that he was ill-treating
the deceased by demanding Rs.15,00,000/-. But,
during the course of evidence, it has to be proved
beyond reasonable doubt that before the death there
was demand for dowry and cruelty meted to her by
accused No.1 and others. Though the death occurred
within a short time after the marriage, but except
stating that there was mental and physical cruelty on
her, the nature of inflictment of such cruelty has to be
explained during the trial. In the above said facts and
circumstances, the offence is not punishable either with
death or imprisonment for life and during the course of
investigation it has to be examined the sensitivity of the
deceased and how the husband and wife were behaving
against each other during the conjecture. Under the
-4-
aforesaid facts and circumstances, petitioner is entitled
to be enlarged on bail on stringent conditions. Hence,
the following :-
ORDER
The Petition is allowed. Consequently, the
petitioner shall be released on bail in connection with
Crime No. 623/2018 of Peenya Police Station,
registered for the offence punishable under Sectionsections
498A, Section304B read with Sectionsection 34 IPC and also Sectionsections
3 and Section4 of the Dowry Prohibition Act subject to the
following conditions:
(i) The petitioner shall execute his
personal bond for a sum of Rs.1,00,000/-
(One Lakh only) with two sureties for the
like-sum to the satisfaction of the
jurisdictional court.
(ii) The petitioner shall not indulge in
tampering the prosecution witnesses.
-5-
(iii) The petitioner shall appear before the
jurisdictional court on all the future hearing
dates unless exempted by the court for any
genuine cause.
(iv) The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the court till the case registered
against him is disposed of.
Sd/-
JUDGE
ckl
