IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2019
BEFORE
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO. 8952/2018
BETWEEN:
R. Karibasappa
S/o. Ramappa
Aged about 30 years
Occ: Labour work
R/o. Yaragunte Village
Davanagere Taluk
District – 577 001. …Petitioner
(By Sri K.N. Jayaprakash, Advocate)
AND:
The State of Karnataka
Women Police Station
Davanagere
Reptd. By its S.P.P.,
High Court Building
Bengaluru – 560 001. …Respondent
(By Smt. Namitha Mahesh B.G, HCGP)
This Criminal Petition is filed under Section 439 of
the Code of the Criminal Procedure Code praying to
enlarge the petitioner on bail in Cr.No.166/2018 of
Women Police Station, Davanagere District for the
offences punishable under Sections 498A, 302, 504,
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323, 114, 304B R/w 34 of IPC and Section 3 4 of D.P.
Act.
This Criminal Petition coming on for Orders this
day the Court made the following:
ORDER
The present petition has been filed by the
petitioner/accused No.1 under Section 439 of Cr.P.C.
seeking his release on bail in Crime No.166/2018 of
Women Police Station, Davanagere for the offences
punishable under Sections 498(A), 302, 504, 323, 114
304(B) R/w Section 34 of IPC and Section 3 4 of
Dowry Prohibition Act. Subsequently, charge sheet has
been filed and at the time of filing of charge sheet,
accused has been charge sheeted under Sections
498(A), 323, 504, 114 304(B) R/w 34 of IPC and
Sections 3 4 of Dowry Prohibition Act.
2. I have heard the learned counsel for the
petitioner and the learned High Court Government
Pleader for respondent-State.
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3. The gist of the case of the complainant is
that the deceased got married with the accused about
6½ years back. At the time of the marriage, some gold,
cash of Rs.1,00,000/- and Rs.60,000/- to motorbike
was given. They lived happily for a period of three years.
Thereafter, the petitioner-accused No.1 started ill-
treating her and harassed, as she has not begotten a
child. Subsequently, he was having illicit relationship
with another woman and in this behalf he used to
assault and ill-treated for additional dowry. It is stated
that on 07.10.2018 at 7.00 p.m., sister of the accused
informed over the phone that the deceased has
committed suicide by hanging. Immediately, they came
to the spot of occurrence and saw the deceased. On the
basis of which, a case has been registered and charge
sheet has also been filed.
4. It is the submission of the learned counsel
for petitioner – accused No.1 that though it is alleged
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that there was ill-treatment and harassment caused by
petitioner – accused No.1 but, Post Mortem report
clearly indicates that there are no external injuries. If
there was ill-treatment and harassment and assault
committed by the accused, there could have been some
injuries. He further submitted that already charge sheet
has been filed and petitioner – accused No.1 is not
required for the purpose of investigation and
interrogation. He further submitted that even though
neighbors and other witnesses have been examined by
the Investigating Officer, but they are hearsay witnesses
and they are not eye witnesses to the alleged ill-
treatment and harassment. He further submitted that
the deceased was mentally depressed as she has not
begotten the child and as such, she committed suicide
by hanging. Even such fact is also substantiated by Post
Mortem report to the effect that the deceased died due
to asphyxia consequent upon hanging. He is ready to
abide conditions imposed by this Court and ready to
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offer surety. On these grounds, he prays to allow the
petition and to release the petitioner – accused No.1 on
bail.
5. Per contra, learned High Court Government
Pleader vehemently argued and submitted that the
petitioner – accused No.1 has ill-treated and harassed
the deceased and even he is having illicit relationship
with another woman and he used to give ill-treatment
and harassment to the deceased. She further submitted
that petitioner is the main cause for the death of the
deceased and has taken extreme steps of committing
suicide and there is presumption in law. On these
grounds, she pays to dismiss the petition.
6. I have carefully and cautiously gone through
the contents of the complaint and other materials,
which has been produced along with the petition.
7. On close reading of the contents of the
complaint and charge sheet materials that though it is
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alleged that there was ill-treatment and harassment of
the petitioner-accused No.1 to assault, but no external
injuries were found over the body of the deceased except
ligature mark. Then under such circumstances, the ill-
treatment and assault cannot be acceptable. Even as
could be seen from the statement of the neighbors that
they have also stated that they came to know that there
was ill-treatment and harassment caused to the death
of the deceased, but neither they have adviced nor they
have witnessed that petitioner – accused No.1 ill-
treating and harassing the deceased. Prima-facie by
going through the entire material, there is prima-facie
material to connect the petitioner – accused No.1 to the
alleged crime. Even as could be seen from the contents
of the complaint and it is also narrated that the
deceased has not begotten child and she also worried
about that, learned counsel for the petitioner submits
that because of that she committed suicide which
appears to have some force. Under such circumstance,
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there is no serious overt-act alleged against
petitioner/accused No.1. That too, already when the
charge sheet is filed, I feel that by imposing some
stringent conditions, if the accused petitioner is ordered
to be released on bail, it is going to meet the ends of
justice. In the light of discussions held by me above,
petition is allowed.
8. Petitioner/accused No.1 is enlarged on bail
in Crime No.166/2018 of Women Police Station,
Davanagere for the offences punishable under Sections
under Section 498(A), 323, 504, 114 304(B) R/w 34 of
IPC and Section 3 4 of Dowry Prohibition Act subject
to the following conditions:
1. Petitioner/accused No.1 shall execute a
personal bond for a sum of Rs.2,00,000/-
(Rupees Two lakhs only) with two sureties
for the likesum to the satisfaction of the trial
Court.
2. He shall not leave the jurisdiction of the
Court without prior permission.
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3. He shall mark his attendance once in 15
days between 10.00 a.m., and 5.00 p.m.,
before the jurisdictional police station till the
trial is concluded.
4. He shall not tamper with the prosecution
evidence directly or indirectly.
5. He shall not indulge in similar type of
activities. If he again indulges in similar type
of activities, the Court below is at liberty to
cancel the bail.
SD/-
JUDGE
nms