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Ravikumar. A. B. @ Basanth vs State Of Karnataka By on 10 April, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION No.8942/2018

BETWEEN:

Ravikumar A.B. @ Basanth
S/o Boregowda A.B.,
Aged about 31 years
R/at No.4, Kalikanagar
Andrahalli Main Road, Andrahalli,
Bengaluru-560 091
…Petitioner
(By Sri M.Shashidhara, Advocate)

AND:

State of Karnataka
by Byadarahalli Police Station
Ramanagara District,
Represented by Government Pleader
High Court of Karnataka
Bengaluru-560 001.
…Respondent
(By Sri M.Divakar Maddur, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.507/2018 of Byadarahalli Police Station, Ramanagara
District, for the offences punishable under Sections 498A,
304-B and 302 of Indian Penal Code and under Sections 3
and 4 of Dowry Prohibition Act.
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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. to release him

on bail in Crime No.507/2018 of Byadarahalli Police

Station for the offence punishable under Sections 498A,

304B, 302 of Indian Penal Code and also under Sections 3

and 4 of Dowry Prohibition Act.

2. I have heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent-State.

3. The gist of the complaint is that the marriage of

the deceased was performed with petitioner/accused No.1

on 8.3.2018 by giving dowry in the form of gold and cash

and thereafter she was living with the petitioner/accused

in matrimonial home and after some time the

petitioner/accused and the other accused persons started

ill-treating and harassing the deceased for demand of more
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dowry in the form of cash, gold and silver articles. Because

of the physical and mental harassment and in spite of the

compromise and advice made by the complainant and the

relatives, on 8.9.2018 at about 5.45 p.m. the deceased

committed suicide by hanging. On the basis of the

complaint a case has been registered.

4. It is the submission of the learned counsel for the

petitioner that already charge sheet has been filed and

accused Nos.2 and 3 have been released on bail. Under the

similar facts and circumstances petitioner/accused is

entitled to be released on bail. He further submitted that

the petitioner is MBA graduate and he wants to further

pursue his studies. If he continued in jail he cannot pursue

his studies. He further submitted that the contents of the

complaint and other material are general allegations and

no specific allegations have been made. He further

submitted that only because the deceased has not been

sent to Gowri festival, being depressed with the said act

she has committed suicide. He further submitted that the
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sister of the deceased has delivered the child and she

wanted to go there. He further submitted that there are no

overt acts and even the material which was seized by the

police indicates no allegations as against the

petitioner/accused. He further submitted that the

petitioner/accused is ready to abide by the conditions

imposed by this Court and ready to offer the sureties. On

these grounds he prayed to allow the petition and to

release the petitioner on bail.

5. Per contra, the learned High Court Government

Pleader vehemently argued and submitted that at the time

of marriage the dowry was given in the form of gold and

silver articles and thereafter for additional dowry the

petitioner/accused along with other accused persons ill-

treated and harassed, father and relatives have also stated

about the ill-treatment and harassment and a compromise

tried by them. He further submitted that soon before death

she informed the ill-treatment and harassment caused to

her and within a period of six months she committed
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suicide by hanging in matrimonial home. He further

submitted that the gold articles have also been recovered at

the instance of the petitioner/accused. There is ample

material to connect the petitioner/accused to the alleged

crime. On these grounds he prayed to dismiss the petition.

6. I have carefully and cautiously gone through the

submissions made by the learned counsel appearing for

the parties and perused the records.

7. As could be seen from the contents of the

complaint it discloses that the marriage was performed on

8.3.2018 and the deceased committed suicide by hanging

on 8.9.2018. It is alleged in the complaint that there is ill-

treatment and harassment caused by the

petitioner/accused for demand of additional dowry in the

form of cash and gold and even it is stated that the said

facts was informed to the complainant and his relatives

and they have also tried to compromise and advised the

complainant and other relatives.

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8. Be that as it may. The death in matrimonial home

is not in dispute. As per Section 106 of the Evidence Act

the petitioner/accused has to explain under what

circumstances the deceased has committed suicide in the

matrimonial home. It is submitted by the learned counsel

for the petitioner that she has not been sent to Gowri

festival and because of that the deceased has committed

suicide by hanging. But as could be seen from the records,

she has committed suicide by hanging on 8.9.2018 and the

Gowri festival was fixed on 13.9.2018. Before the Gowri

festival itself she has committed suicide. Under the said

facts and circumstances the said explanation does not hold

any water. Even it is submitted that her sister had

delivered the child and she wanted to go there. For silly

reason she is not going to commit suicide by hanging. It is

because of ill-treatment and harassment caused by

petitioner/accused she was committed suicide by hanging.

There is ample material to connect the accused to the
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alleged crime. There are no good grounds to release the

petitioner/accused on bail.

Hence, the petition is dismissed.

Sd/-

JUDGE

*AP/-

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