Karnataka High Court N.Saikumar S/O Late N.Shekhar vs The State Through on 28 February, 2014Author: K.N.Phaneendra
IN THE HIGH COURT OF KARNATAKA
DATED THIS THE 28TH DAY OF FEBRUARY, 2014 BEFORE
THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO. 100382/2014 BETWEEN:
N.SAIKUMAR S/O. LATE N.SHEKHAR
AGED ABOUT 26 YEARS,
OCC: WORKING AS ENGINEER IN
JSW STEELS LTD.,
SANDUR TALUK, BELLARY DISTRICT.
(BY SRI GANGADHAR J. M., ADVOCATE) AND :
THE STATE THROUGH
STATION HOUSE OFFICER,
THORANAGAL POLICE STATION,
THORANAGAL, BELLARY DISTRICT
R/BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
HIGH COURT KARNATAKA CIRCUIT
(BY SRI V.M. BANAKAR, ADDL. STATE PUBLIC PROSECUTOR)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO RELEASE HIM ON BAIL IN CRIME NO.137/2013 2
REGISTERED BY THE THORANAGAL POLICE STATION (IN C.C.NO.27/2014 ON THE FILE OF THE CIVIL JUDGE & JMFC COURT, SANDUR) FOR THE OFFENCES U/S 304B, 498A & SEC. 34 & SEC. 3 & 4 OF DP ACT, IN THORANAGAL POLICE STATION, SOFAR AS PETITIONER IS CONCERNED IN THE ABOVE CASE. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent – State. Perused the records.
2. A charge sheet was filed against this petitioner and others by the Deputy Superintendent of police, Kudligi Sub- Division, Bellary District, for the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’ for brevity) and under Sections 3 and 4 of Dowry Prohibition Act, 1961, alleging that the victim by name Dhanalaxmi and this petitioner earlier to their marriage fell in love with each other. After coming to know about this fact both the families 3
have performed marriage of the petitioner and victim on 17.03.2012. Thereafter the deceased went to matrimonial home. It is further narrated in the complaint itself that the deceased was prosecuting her B.Ed. Course at Gulbarga. On the ill fated day i.e., on 03.11.2013 said Dhanalaxmi came to her matrimonial home situated at Torangal from Gulbarga to celebrate Diwali Festival. It is alleged that about two months prior to the incident petitioner, his mother and sister have started illtreating and harassing the deceased demanding Rs.2,00,000/- and 5 tolas of gold. On the date of incident also they have once again demanded the deceased for money and gold. On the same day at 8 a.m. petitioner went to Zindal factory for his day-to-day work at Torangal. It is alleged that petitioner’s mother and sister have again started demanding money and gold and thereafter deceased Dhanalaxmi went inside the room and committed suicide by hanging herself. On these factual aspects police have investigated the matter and submitted a charge sheet. As could be seen from the entire papers, it 4
reveals that, at the time of marriage there was no allegation with regard to demand of any dowry. These facts also reveal that, the petitioner has left the house at 8 a.m. itself and thereafter quarrel has taken place between petitioner’s mother, sister and his wife. The quarrel, which has driven the deceased to commit suicide, has to be established during the course of full dressed trial. In the statements of witnesses no previous illtreatment and harassment has been alleged. Considering that the petitioner is ready and willing to offer substantial surety for his appearance and ready to abide by the conditions, I am of the opinion that petitioner is entitled to be enlarged on bail. Petitioner was arrested on 04.11.2013, since then he has been in judicial custody. Charge sheet has already been filed against the petitioner. Hence, I pass the following :
Petition filed under Section 439 of Cr.P.C. is hereby allowed. Consequently, the petitioner shall be released on bail, subject to the following conditions: 5
i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- with one solvent surety for a likesum to the satisfaction of committal/trial Court, as the case may be.
ii) Petitioner shall not indulge himself in hampering the investigation or tampering the prosecution witnesses.
iii) Petitioner shall attend the Court on every date of hearing without fail, unless prevented by any genuine cause.
iv) Petitioner shall not leave the jurisdiction of trial Court without prior permission, till the case registered against him is disposed of. SD/-