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Ramachandre Gowda vs State Of Karnataka By on 6 July, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06TH DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.4594/2018

BETWEEN:

1. Ramachandre Gowda
S/o Dowdaiah,
Aged about 52 years,
Resident of No.39/1,
1st Main Road, 2nd Cross,
Muneshwara Layout,
Sreegandhanagara,
Hegganahalli,
Bengaluru – 560 091.

2. Smt. Venkatalakshmi
W/o Ramachandregowda,
Aged about 49 years,
R/at No.102, Kaveripura,
Kamakshipalya, Magadi Road,
Bengaluru – 560 079.

3. Smt. Thejaswini .P
W/o Girish,
Aged about years,
R/at No.39/1, 1st Main Road,
2nd Cross, Muneshwara Layout,
2

Sreegandhanagara,
Hegganahalli,
Bengaluru – 560 091. …Petitioners

(By Sri. N. Nagaraja, Advocate)

AND:

State of Karnataka
By Rajagopalanagara Police Station,
Bengaluru. …Respondent

(By Sri.S. Vishwamurthy, HCGP)

This Criminal petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.292/2018 of Rajagopal
Nagar Police Station, Bengaluru City for the offence
punishable under
Sections 498A, 304B r/w 34 of IPC and
Sections 3, 4 of D.P. Act.

This Criminal petition coming on for Orders, this
day, the court made the following:

ORDER

Petitioners have sought for an anticipatory bail in

crime No.292/2018 registered under Sections 498(A),

304(B) read with Section 34 of IPC and Sections 3 and 4

of Dowry Prohibition Act, 1961.

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2. Heard the learned counsel for the petitioners

and learned HCGP.

3. Petitioner No.1 (accused No.1) is the father-

in-law, petitioner No.2 (accused No.3) is the mother-in-

law and petitioner No.3 (accused No.5) is the sister-in-

law of the deceased.

4. The FIR is registered based on the complaint

lodged by the father of deceased Ramya. The deceased

was given in marriage to accused No.2-Manjunath on

14.06.2015. It is alleged that the deceased was subjected

to cruelty and ill-treatment in her matrimonial house by

her husband and the petitioners.

5. According to the complainant, on the previous

day of the incident, the deceased had complained to him

about the dowry demand made by the petitioners and on

the next day at 1.20 P.M., he came to know about the

death. The postmortem report indicates that the

deceased died due to Asphyxia as a result of hanging.
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6. No doubt, the alleged incident has taken place

within seven years from the date of marriage in the

context of alleged dowry demand and cruelty meted out

to the deceased but the allegations are required to be

substantiated during the course of trial. For the purpose

of investigation, the custodial interrogation of the

petitioners is not necessary. Petitioners are the in-laws

and relatives of the deceased. The allegations made

against them with regard to cruelty and dowry demand

are to be substantiated by the relatives of the deceased,

who are not amenable for influence of the petitioners.

Therefore, taking into consideration the above facts and

circumstances, the petition deserves to be allowed.

Hence, the following:-

ORDER

Criminal petition is allowed. The petitioners are

directed to appear before the Investigating Officer within

15 days from the date of this order and on their

appearance, the Investigating Officer shall interrogate the
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petitioners and shall enlarge them on bail on the same

day subject to the following conditions:-

a. The petitioners / accused Nos.1, 3 and 5

shall furnish a bond for Rs.1.00 lakhs
(Rupees One lakh only) each with two
sureties each for the likesum to the
satisfaction of the Investigating Officer;

b. The petitioners shall appear before the
Investigating Officer as and when
required;

c. The petitioners shall cooperate in the
investigation;

d. The petitioners shall not threaten or allure
the prosecution witnesses; and

e. The petitioners shall mark their attendance
in Rajagopalanagara Police Station,
Bengaluru on 15th of every calendar month
until submission of the final report.

Sd/-

JUDGE
UN/SSD

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