IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF MAY 2019
BEFORE
THE HON’BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.1017 OF 2019
BETWEEN:
Nagesh,
S/o Manohar,
Aged about 26 years,
R/o K.G. Srikantapura Village,
Dasanapura Hobli,
Bengaluru Hobli,
Bengaluru North Taluk,
Bengaluru – 562 162.
…Petitioner
(By Sri. H.S. Santhosh, Advocate)
AND
The State of Karnataka
By Madanayakana Halli,
P.S. Nelamangala,
Rep by SPP, High Court Building,
Bengaluru – 560 001.
…Respondent
(By Smt. Namitha Mahesh B.G., HCGP)
This criminal petition filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.291/2018 of Madanayakanahally Police Station,
Bengaluru District for the offence punishable under
Sections 498A and Section304B read with Section 34 of IPC
and Sections 3 and Section4 of Dowry Prohibition Act.
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This Criminal petition coming on for Orders this
day, the Court made the following:
ORDER
This petition is filed by the petitioner-accused
No.1 to enlarge him on bail in Cr.No.291/2018
registered by Madanayakanahally Police Station for the
offences punishable under Sections 498-A and Section304-B
read with 34 of SectionIPC.
2. The allegations against the petitioner is that
the petitioner married deceased Ashwini in the year
2011. It was inter religion marriage and they had two
children. On 25.05.2018 the deceased committed
suicide in the house of accused by hanging herself to a
ceiling fan. Mother of the deceased lodged complaint
against the petitioner and other accused persons.
3. Learned counsel for the petitioner submits
that petitioner was arrested on 29.05.2018 till now, he
is in judicial custody. The marriage of the petitioner
with the deceased was taken place in the year 2011 and
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two children were born out of their wedlock. As such,
allegation of demand for dowry does not arise. There
were no harassment to the deceased from the petitioner
and his parents. Accused Nos. 2 to 4 are already
granted bail by the Sessions Court. Petitioner is
innocent and law abiding citizen. He has to take care of
his parent and two children. If he is enlarged on bail, he
is ready to abide by any conditions that may be imposed
on him by this Court. Hence, prayed to allow the
petition.
4. Per contra, learned HCGP contended that
there are sufficient materials to show the commission of
offence by the petitioner. The petitioner has illicit
relationship with the accused No.3. Hence, prayed to
dismiss the petition.
5. Upon hearing the arguments of both the
side, no doubt deceased Ashwini committed suicide on
25.05.2008. Prior to that there was no allegation against
the petitioner with regard to the harassment or demand
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for dowry and marriage of deceased with accused was
love marriage which was held seven years ago. Though,
the statement of witness recorded, there is no direct
allegation against the petitioner and his family members
about the abetment of the suicide by the deceased. Now
the charge sheet has been filed after completing the
investigation. The alleged offences are not punishable
either with death or life imprisonment. The offence may
attract Section 306 of IPC. Therefore, considering the
facts and circumstances of the case, the petition
deserves to be allowed.
Accordingly, the criminal petition is allowed.
The petitioner-accused No.1 is ordered to be
released on bail, in Crime No.291/2018 of
Madanayakanahally Police Station for the offences
punishable under Sections 498(A) and Section304(B) read with
Section 34 of IPC and 4 of D.P. Act, subject to the
following conditions:-
(i) Petitioner-accused No.1 shall execute a
personal bond for a sum of
5Rs.1,00,000/- (Rupees One Lakh only)
with two sureties for the likesum to the
satisfaction of the trial Court or
Committal Court;
(ii) Petitioner shall not tamper with the
prosecution witnesses directly or
indirectly;
(iii) Petitioner shall not leave the
jurisdiction without prior permission of
the trial Court, and
(iv) Petitioner shall mark his attendance
before the Investigating Officer
between 10.00 a.m. and 5.00 p.m. on
every Monday for a period of six
months or till commencement of trial
whichever is earlier.
SD/-
JUDGE
JS/-
