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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.7575/2020
BETWEEN:
MR. SANTHOSH B C
S/O CHALUVAIAH,
AGED ABOUT 29 YEARS,
R/AT NO. 145, BOMMENAHALLI VILLAGE,
KASABA HOBLI, ARASIKERE TALUK,
HASSAN DISTRICT-573103,
(JUDICIAL CUSTODY). … PETITIONER
(BY SRI C R GOPALASWAMY, ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH ARASIKERE RURAL POLICE STATION,
ARASIKERE,
HASSAN DISTRICT-573103,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560001. … RESPONDENT
(BY SRI.K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON’BLE COURT MAY
BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN
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CR.NO.97/2020 (S.C.NO.114/2020) OF ARASIKERE
RURAL P.S., HASSAN DISTRICT FOR THE OFFENCE
P/U/S302, 304B, 498A R/W 149 OF IPC AND SEC.3,4
OF D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS, THIS DAY THROUGH VIDEO CONFERENCING,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused
No.1 under Section 439 of Cr.P.C., for granting regular
bail in Crime No.97/2020 registered by Arasikere Rural
Police for the offences punishable under Sections 302,
304B, 498A read with Section 149 of Indian Penal Code
and Sections 3 and 4 of the Dowry Prohibition Act.
2. Heard the learned counsel for the petitioner
and the learned High Court Government Pleader for the
respondent-State.
3. The case of the prosecution is that on the
complaint of father of the victim, filed on 15.7.2020,
alleging that his daughter Sowmya was given in
marriage with Accused No.1/petitioner on 24.3.2017.
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At the time of marriage, complainant had given dowry
of Rs.1,50,000/- and also gold ornaments. After the
marriage, she was looked after well for sometime and
thereafter, the accused and his parents started
harassing the victim deceased physically and mentally
for more dowry. A panchayat was also held and
accused was advised. When the deceased invited the
complainant for the birthday of the child to be held on
4.7.2020, the accused started harassing the deceased
stating that her parents should get additional dowry of
Rs.50,000/-. On 3.7.2020, he received a phone call
from one Bendekere Anand that his daughter was died.
Immediately, the complainant went to the spot and
saw and on enquiry, the petitioner told he was
suffering from fever and was shifted to the hospital
where she had died but the complainant was not
satisfied with the information and he has filed a
complaint to the police and the police registered UDR
and after the investigation, the body was sent to the
examination, accordingly, report has been received
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where it was diagnosed that the deceased was died due
to the homicidal death. Therefore, on 15.7.2020,
complaint came to be lodged, accordingly petitioner
was arrested along with his parents on the same day.
He was remanded to Judicial Custody.
4. The petitioner and other accused have
approached this Court for grant of bail wherein the bail
petition of this petitioner was rejected as he had not
pressed the same in Crl.P.No.4520/2020 but the bail
petition of accused Nos.2 and 3 was allowed-in-part.
Learned counsel for the petitioner contended mainly on
the ground that the petitioner from hydrocele and
hernia. In spite of his treatment and surgery, the
same was not cured. Therefore, he may require one
more surgery in good hospital till his swelling gets
cured and able to walk and sit. Therefore, on the
medical grounds, the counsel for the petitioner prays
for grant of bail.
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5. Per contra, learned HCGP serious objected
the grant of bail by contending if the petitioner is
enlarged on bail, he may tamper the prosecution
witness and abscond from the case.
6. Upon hearing the arguments of learned
counsel for the petitioner and the learned HCGP and on
perusal of the records, especially the medical records,
it goes to show that the petitioner was suffering from
hydrocele and hernia as per the report dated
16.1.2020. Again when he was in the jail, he was
taken to the hospital and detained. He was also taken
to the hospital on 21.1.2020 for treatment. The entire
medical records reveal that he is continuously suffering
from hydrocele and hernia. Though there is no case for
the petitioner on merits, in view of the medical records
and treatment, I am of the view that by imposing
certain conditions, if the petitioner/accused No.1 is
granted interim bail for three months, it would meet
the ends of justice. Hence, I pass the following:
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ORDER
The criminal petition is allowed.
The petitioner is entitled for interim bail on
medical grounds for three months from the date of
release of copy of this order.
The committal court/trial Court is directed to
release the petitioner/accused No.1 on interim bail in
Crime No.97/2020 registered by Arasikere Rural Police
for the offences punishable under Sections 302, 304B,
498A read with Section 149 of Indian Penal Code and
Sections 3 and 4 of the Dowry Prohibition Act, subject
to the following conditions:-
i) Petitioner shall execute personal bond in a
sum of Rs.2,00,000/- (Rupees Two Lakhs
only) with a surety for likesum to the
satisfaction of the committal court/trial
Court;
ii) Petitioner shall not tamper with the
prosecution witnesses directly or indirectly;
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iii) Petitioner shall not indulge himself in similar
offences strictly;
iv) Petitioner shall not leave the jurisdiction of
this Court without prior permission of the
committal court/trial court; and
v) Petitioner shall surrender after the medical
treatment within three months from the
date of receipt of copy of this order.
If any of the conditions are violated, the
prosecution is at liberty to file an application for
cancellation of bail.
Sd/-
JUDGE
cbc
