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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
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