IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2020
BEFORE
THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.201490/2019
Between:
Praveen S/o Late Prabhu Hadapada
Age: 30 years, Occ: Government Servant
Peon in Women Child Welfare Department
Bidar, R/o Rampure Colony, Bidar
Dist: Bidar-585401
… Petitioner
(By Sri Sanjay A. Patil, Advocate)
And:
State of Karnataka through
Police, Womens Police Station
Bidar, Dist: Bidar-585401
Represented by Addl. SPP
High Court of Karnataka
Kalaburagi Bench-585107
… Respondent
(By Sri P.S.Patil, HCGP)
This criminal petition is filed under 439 of Cr.P.C.
praying to allow the petition thereby enlarge the petitioner
on bail in C.C.No.1968/2019 pending on the file of I Addl.
Crl.P.No.201490/2019
2
Civil Judge and JMFC Court, Bidar arising out of Crime
No.23/2019 registered by respondent Police/Women Police
Station, Bidar, Dist: Bidar, for the offences punishable
under Sections 498A, 304-B R/w 34 of IPC and Section 3
and 4 of Dowry Prohibition Act, 1961, as per charge sheet.
This petition coming on for orders this day, the court
made the following:
ORDER
The petitioner has sought for regular bail under
section 439 of Code of Criminal Procedure in Crime
No.23/2019 of Women Police Station, Bidar, District
Bidar registered for the offences punishable under
sections 498A, 304B read with Section 34 of Indian
Penal Code (hereinafter for brevity referred to as
‘IPC’) and sections 3 and 4 of Dowry Prohibition Act
arising out of C.C.No.1968/2019 pending on the file of
I-Additional Civil Judge and JMFC, Bidar.
2. The present petitioner is admittedly the
husband of the deceased Narmada who is said to have
been given in marriage to the present petitioner in the
year 2014. According to the complainant, at the time
Crl.P.No.201490/2019
3
of the marriage 60 grams of gold and a cash of
`1,51,000/- was given to the present petitioner as
dowry. Though the petitioner was not in Government
service as on the date of his marriage with deceased
Narmada, subsequently, when he got a Government
appointment on compassionate ground, the
complainant alleges that, he started demanding
additional sum of `7,00,000/- stating that he has
become a Government employee. It is in that
situation, the present petitioner joined by his other
family members, were said to have subjecting the
deceased to constant cruelty. The complainant has
further stated that on the demand of the petitioner,
some more financial assistance to an extent of
`20,000/- was also made to them to enable them to
have a separate residence. Despite the same, the
petitioner being the husband of the deceased,
continued to demand an additional sum and placed a
Crl.P.No.201490/2019
4
demand for `7,00,000/- on the pretext that he would
secure a job to his wife in a private establishment.
When the complainant is said to have rejected the
said demand, the petitioner is said to have intensified
his alleged cruelty against the deceased. It is in that
circumstance, on 20.07.2019 the deceased is said to
have committed suicide by hanging herself in her
house.
3. After registering the complaint for the
offences punishable under sections 498A, 306 read
with section 34 of IPC, the police have conducted
investigation and have filed charge sheet against the
present petitioner and three more accused for the
offences punishable under sections 498A, 304B read
with section 34 of IPC and sections 3 and 4 of the
Dowry Prohibition Act.
Crl.P.No.201490/2019
5
4. Learned counsel for the petitioner, in his
argument, submitted that even after going through
the complaint, nowhere it mentions that the alleged
demand for `7,00,000/- was in the form of dowry.
There are no materials to show that soon prior to her
death, the deceased was subjected to cruelty,
particularly in connection with demand for dowry. As
such, the ingredient of section 304B of IPC is not
made out. He further submits that investigation has
already been completed and the petitioner, who is a
Government servant, is languishing in jail. He submits
that the petitioner would be abide by the conditions
imposed by this Court for enlarging him on bail.
5. Per contra, learned High Court Government
Pleader who has filed his statement of objections
submitted that the complaint gives a clear account of
cruelty meted to the deceased after her marriage with
the present petitioner. Incidentally, even on the date
Crl.P.No.201490/2019
6
of the alleged incident also the deceased was
subjected to cruelty as could be seen from the charge
sheet papers. In such a situation, the petitioner does
not deserve to be enlarged on bail.
6. The complainant is the mother of the
deceased, who in her complaint itself has given a
detailed account about the performance of marriage of
her daughter deceased Narmada with the present
petitioner in the year 2014. She has stated that at
the time of marriage, valuables in the form of dowry
including 60 grams of gold and a cash of `1,51,000/-
was given to the accused by them. However, some of
the ornaments were sold or pledged by the family of
the accused and the entire cash of `1,51,000/- was
spent by them. It is thereafter they are said to have
started demanding an additional sum of `7,00,000/-.
But it cannot be ignored that the complainant in her
complaint has stated that the said alleged demand of
Crl.P.No.201490/2019
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`7,00,000/-, said to have been made by the
petitioner, was on the pretext that the said sum is
required to secure a job to the deceased in a private
establishment. When his alleged demand was turned
down by the complainant, the deceased is said to
have proceeded to commit suicide due to the alleged
further cruelty for which she is said to have been
subjected to.
7. In such a scenario, when the alleged
further demand of the deceased for `7,00,000/- is
apparently, and at this stage, shown to be the cause
for the deceased committing suicide, though within
seven years of her marriage with the petitioner, but
the question still remains as to whether said demand
amounts to a demand for additional dowry and the
another question also remains as to whether the
deceased was subjected to cruelty in connection with
dowry soon prior to her death. The answer to the
Crl.P.No.201490/2019
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same can be obtained only in a full-fledged trial. For
the time being, suffice it to say when such a vital
question remains open for the trial and considering
the fact that the investigation has already been
completed and charge sheet has been filed,
continuation of the petitioner in judicial custody, who
is said to be a Government servant, is not warranted.
However, the apprehension of the prosecution that the
accused may flee from justice can be checked by
imposing reasonable conditions. Accordingly,
I proceed to pass the following:
ORDER
The petition is allowed. The petitioner is enlarged
on bail in C.C.No.1968/2019 pending on the file of
I-Addl. Civil Judge and JMFC, Bidar arising out of
Crime No.23/2019 of respondent – police station
registered for the offences punishable under sections
498A, 304(B) read with Section 34 of IPC and sections
Crl.P.No.201490/2019
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3 and 4 of Dowry Prohibition Act. However subject to
the conditions:
(i) That accused/petitioner shall execute a
personal bond for a sum of `1,00,000/-
and furnish two local solvent sureties for
the like sum to the satisfaction of the
enlarging Court.
(ii) The petitioner to give in writing about
the change in his address, if any, to the
Investigating Officer as and when such
change occurs and obtain
acknowledgement in that regard.
(iii) The accused/petitioner shall appear
before the Court on all the dates of
hearing.
(iv) The accused/petitioner shall not hamper
or tamper the prosecution witnesses and
documents in any manner.
Sd/-
JUDGE
swk
