IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2018
BEFORE
THE HON’BLE MR. JUSTICE B.A. PATIL
CRIMINAL PETITION No.4825/2018
c/w
CRIMINAL PETITION No.4826/2018
In Crl.P.No.4825/2018:
Between:
Mr. Muddana Venkata Ramesh,
S/o Satyanarayana,
Aged about 31 years,
R/o Kesanakuru Village,
Ipolavaram Mandal,
Godavari East, Kakinada,
Andra Pradesh – 630 0523. …Petitioner
(By Sri Brijesh Patil, Advocate for
Sri P.N.Hegde, Advocate)
And:
State by Mahadevapura Police,
Represented by its SPP,
High Court of Karnataka,
Bangalore – 01. …Respondent
(By Sri K.P.Yoganna, HCGP)
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This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioner on bail in the
event of his arrest in Cr.No.167/2018 of Mahadevapura
Police Station, Bangalore City for the offence P/U/S 498A,
304B read with 34 of IPC and Sections 3 and 4 of D.P. Act.
In Crl.P.No.4826/2018:
Between:
1. Smt. Muddana Anantha Lakshmi,
W/o Satyanarayana,
Aged about 47 years,
R/o Kesanakuru Village,
Ipolavaram Mandal,
Godavari East, Kakinada,
Andra Pradesh – 632 101.
2. Sri Galidevara Rama Jogi,
Nageshwara Rao,
S/o Venkata Narasimha Rao,
Aged about 47 years,
No.2-23, Galidevara Vari Veedi,
Cheyyeru Gunnepalli,
Mummidivaram Anathavaram,
Godavari East,
Andra Pradesh – 632 101.
3. Smt. Yalla Ammaji,
W/o Yalla Krishna,
Aged about 42 years,
No.2-259, Thillakuppa,
Panta Kallava, Godavari East,
Andra Pradesh – 632 101. …Petitioners
(By Sri Brijesh Patil, Advocate for
Sri P.N.Hegde, Advocate)
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And:
State by Mahadevapura Police,
Represented by its SPP,
High Court of Karnataka,
Bangalore – 01. …Respondent
(By Sri K.P.Yoganna, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.167/2018 of
Mahadevapura Police Station, Bangalore City for the
offence P/U/S 498A, 304B read with 34 of IPC and
Sections 3 and 4 of D.P. Act.
These Criminal Petitions coming on for orders, this
day, the Court made the following:
ORDER
Criminal Petition No.4825/2018 has been filed by
the petitioner-accused No.1 and Criminal Petition
No.4826/2018 has been filed by the petitioners-accused
Nos.2, 3 and 4 under Section 438 of Cr.P.C. praying to
enlarge them on bail in the event of their arrest in Crime
No.167/2018 of Mahadevapura Police Station,
Bengaluru for the offences punishable under Sections
498A, 304B read with Section 34 of IPC and Sections 3
and 4 of Dowry Prohibition Act, 1961.
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2. I have heard the learned counsel for the
petitioners and the learned High Court Government
Pleader appearing for the respondent-State.
3. The brief facts of the case as per the
complaint are that the daughter of complainant, viz.,
Tulasi Mahalakshmi was given in marriage to Muddana
Venkata Ramesh (accused No.1) on 16.03.2017 and
subsequently, on 19.01.2018, she committed suicide by
hanging herself in the house of her husband and in
light of the same, a complaint was registered in UDR
No.15/2018. Thereafter, the father of deceased filed a
complaint alleging that deceased committed suicide
because of the ill-treatment and harassment caused by
the accused persons for demand of dowry. On the basis
of the said complaint, a case was registered in Crime
No.167/2018 for the above said offences.
4. It is the contention of learned counsel for the
petitioners that in the first complaint filed by the
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brother of deceased, there are no specific allegations
with regard to demand of dowry and also any
harassment caused by the accused-petitioners to the
deceased. It is further contended that subsequently
another complaint came to be filed by the father of
deceased after two months of the alleged incident and
the said complaint is only an afterthought with an
intention to harass the accused persons. He also
contended that there is no prima facie material to
connect the accused-petitioners herein to the alleged
crime. On these grounds, he prayed to allow the
petitions and grant anticipatory bail to the petitioners.
5. Per contra, learned High Court Government
Pleader appearing for the respondent – State vehemently
argued and submitted that in the complaint filed by the
father of deceased, there are specific allegations of
demand of dowry, ill-treatment and harassment caused
to the deceased by the accused petitioners herein and
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even the witnesses have categorically deposed the
ill-treatment and harassment caused by the accused
petitioners to the deceased. He further submitted that
admittedly, the death of Tulasi Mahalakshmi has taken
place in the house of her husband within a year of
marriage and hence, there is a presumption that if
death has taken place within seven years of marriage, it
is to be presumed as dowry death. He submits that the
investigation is not yet complete and that accused-
petitioners are absconding and are not available for
investigation and hence, if they are enlarged on bail,
they may abscond and may not be available for
investigation and may also tamper the prosecution
evidence. On these grounds, he prayed for dismissal of
these petitions.
6. I have carefully and consciously gone
through the contents of complaint and other materials
produced alongwith the petitions. By going through the
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contents of complaint and other materials, it is seen
that insofar as accused Nos.3 and 4 are concerned, it
indicates that they were not residing in the said house,
but they used to come as visitors and at that time, they
used to ill-treat and harass the deceased for demand of
dowry. Insofar as accused Nos.1 and 2 are concerned,
it indicates that they were residing together. That the
investigation is still pending and that it is a specific case
of learned Government Pleader that the accused
persons are absconding and are not available for
investigation and still investigation is not yet complete
and hence, under these circumstances, without
expressing any opinion on the merits of the case and
that death has taken place within seven years of
marriage. Under these circumstances and without
complete records, it is not possible to appreciate the
submissions which have been made by learned counsel
for the petitioners.
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7. In the light of the above, Crl.P.No.4825/2018
filed by the petitioner-accused No.1 (Sri Muddana
Venkata Ramesh) is dismissed.
8. In so far as Crl.P.No.4826/2018 is
concerned, the petition stands dismissed in respect of
petitioner No.1 [Smt.Muddana Anantha Lakshmi
(accused No.2)] and in respect of petitioner Nos.2 and 3
(Galidevara Rama Jogi (accused No.3) and Smt.Yalla
Ammaji (accused No.4)], the petition is allowed and are
granted anticipatory bail. In the event of their arrest in
Crime No.167/2018, the petitioner Nos.2 and 3 in
Crl.P.No.4826/2018 herein are ordered to be released,
subject to the following conditions:-
i) Petitioner Nos.2 and 3 (accused Nos.3 and 4)
shall execute personal bond for
Rs.1,00,000/- (Rupees one lakh only) each
with two sureties for the like sum to the
satisfaction of the Investigating Agency.
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ii) They shall surrender before the Investigating
Agency within fifteen days from the date of
receipt of a certified copy of this order.
iii) They shall co-operate with the Investigating
Agency and they must appear as and when
they are required for investigation.
iv) They shall not tamper with the prosecution
evidence in any manner.
v) They shall not leave the jurisdiction of the
trial Court without prior permission.
vi) They shall mark their attendance Saturday
of every fortnight between 10.00 a.m. and
5.00 p.m. without fail.
9. However, the petitioner (accused No.1) in
Crl.P.No.4825/2018 and petitioner No.1 (accused No.2)
in Crl.P.No.4826/2018 are granted liberty to file fresh
bail application after the filing of charge sheet.
Sd/-
JUDGE
VGR
ct:am
