Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JULY, 2021
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.4073 OF 2021
AGED ABOUT 28 YEARS
R/O. GANAPATHIHALLI VILLAGE
RAMANAGARA DISTRICT-561 101.
[BY SRI. BASAVARAJU T.A., ADVOCATE]
STATE OF KARNATAKA
BY TAVARAKERE POLICE
REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR
PUBLIC PROSECUTORS OFFICE
AT HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
AT BANGALORE-560 001.
[BY SRI. VINAYAKA V.S., HCGP]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.279/2020 OF TAVAREKERE POLICE STATION, RAMANAGAR
DISTRICT, (PENDING ON THE FILE OF III ADDL. DISTRICT AND
SESSIONS JUDGE, RAMANAGARA IN SC NO.3/2021), FOR OFFENCE
PUNISHABLE UNDER SECTIONS 498A, 304B, 306 READ WITH
SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT,
THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY THE COURT
MADE THE FOLLOWING:
This petition is filed under Section 439 of Cr.P.C. by
petitioner/accused No.1 praying to enlarge him on bail in
connection with a case registered in Crime No.279/2020 of
Tavarekere Police Station, Ramanagara District, for offence
of IPC and Sections 3 and 4 of D.P. Act.
2. Heard the learned counsel for petitioner and learned
HCGP for respondent-State and perused the material on record.
3. The case of the prosecution is that the
petitioner/accused No.1 married Smt. Sharada (deceased) at
Kempamma Devi Samudaya Bhavana on 27.06.2019. At the time
of marriage, one gold ring and a gold chain was received as
dowry. After the marriage, the deceased started staying in her
matrimonial house along with accused Nos.1 to 3 at
Ganapathihalli Village. The accused were giving physical and
mental torture to the deceased, demanding her to bring
additional dowry of Rs.50,000/- from her parental house. Unable
to bear the said torture, on 06.09.2020, during night hours, she
committed suicide by hanging.
4. Learned counsel for the petitioner has contended that
the petitioner has not demanded or accepted any dowry at the
time of marriage. The petitioner is innocent and he has not
committed any offence as alleged by the prosecution. The
deceased was not interested to give birth and in this regard,
some quarrel had taken place and apart from that the petitioner
has not subjected the deceased to cruelty either physically or
mentally. He further contends that the deceased was suffering
from stomach pain and the reason for her to commit suicide is
not within the knowledge of the petitioner. He submits that
accused Nos.2 and 3 are already enlarged on bail. Now the
investigation is completed and charge sheet has been filed. The
petitioner is languishing in judicial custody. He submits that the
petitioner is ready and willing to abide by any conditions that
may be imposed by this court. Accordingly, seeks to allow the
5. Learned HCGP has opposed grant of bail contending
that the petitioner has demanded and accepted the dowry at the
time of marriage and all the accused were subjecting the
deceased to cruelty in connection with dowry and they were
demanding Rs.50,000/-. Unable to bear the physical and mental
torture meted to her, she has committed suicide. He contends
that the deceased has committed suicide within seven years from
the date of marriage and in view of the material on record, the
petitioner has committed dowry death. Therefore, he contends
that the petitioner is not entitled for the relief he has sought for.
Accordingly, seeks to reject the petition.
6. The marriage of the deceased with the petitioner
took place on 27.06.2019. It is the case of the prosecution that
at the time of marriage, a gold ring and a gold chain was given
to the accused-petitioner. The complaint is lodged by the elder
brother of the deceased. It is not alleged that at the time of
marriage, the petitioner demanded any dowry. As per the
complaint averments, a gold ring and a gold chain were given to
the groom and for some time, the deceased was looked after
properly. About a year prior to the incident in question, there
was an abortion and thereafter all the accused started quarrelling
with the deceased in connection with dowry, which was being
informed by the deceased to the complainant. As per the post
mortem report, the death is on account of asphyxia as a result of
hanging. It is alleged that all the accused persons were insisting
the deceased to bring a sum of Rs.50,000/- from her parental
house. At this stage, there is no material to hold that there was
any cruelty meted to the deceased soon before her death. Except
the ligature mark, no other injuries are noticed on the dead
body. The prosecution has to establish its case in a full fledged
trial. The petitioner is in judicial custody since 08.09.2020. Now
the investigation is completed and charge sheet has been filed.
Accused Nos.2 and 3, the mother and aunt of the petitioner have
been enlarged on bail. Hence, by imposing conditions, the relief
sought by the petitioner can be granted. Hence, the following :
Criminal petition is allowed.
Petitioner – Accused No.1 shall be enlarged on bail in
Crime No.279/2020 of Tavarekere Police Station, Bengaluru, for
to following conditions:
(i) Petitioner shall execute a personal bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only) with two
sureties for like sum to the satisfaction of the
(ii) Petitioner shall furnish proof of his residential
address and shall inform the court if there is any
change in the address.
(iii) Petitioner shall not tamper with the prosecution
witnesses / evidence either directly or indirectly.
(iv) Petitioner shall not leave the jurisdiction of the trial
court without prior permission of the learned
(v) Petitioner shall appear before the trial court on all
dates of hearing.
Observations made herein above shall be confined to the
disposal of this bail petition.