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Renukaprasad vs State By Women Police on 26 March, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26th DAY OF MARCH, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION No.141/2019

BETWEEN:

Renukaprasad
S/o G.N.Rajanna
Aged about 29 years
Janatha Colony, Gollahalli Village
SSMC Post, Kasaba Hobli
Tumakuru District-572 101.
…Petitioner
(By Sri B.Lethif, Advocate)

AND:

State by Women Police
Tumakuru,
Represented by State Public Prosecutor
High Court Complex
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.123/2018 of Women Police Station, Tumakuru For the
offences punishable under Sections 498A, 304B r/w.
Section 34 of Indian Penal Code and 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.123/2018 of Women Police Station,

Tumakuru, for the offences punishable under Sections

498A, 304B r/w Section 34 of Indian Penal Code.

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 daughter of

the complainant Lavanya was given in marriage to accused

No.1 on 03/04.05.2018. At the time of performing the

marriage some gold ornaments, two wheeler vehicle and

dowry was paid and for sometime her daughter stayed

happily and thereafter her daughter called the complainant

over the phone and informed that in-laws are ill-treating

and harassing for demand of Rs.5,00,000/- as additional
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dowry. An amount of Rs.1,00,000/- has bee paid through

her daughter, subsequently again the accused continued

the physical ill-treatment and harassment and the same

was also informed by the deceased to the complainant. The

complainant advised to take care, they will come and pacify

the things. They went and pacify the things, but again on

15.12.2018 her daughter called and informed that the

accused persons are subjected her to physical and mental

cruelty and again forcing her to bring Rs.5,00,000/-and on

the same day at about 12.00 A.M. accused No.1 called the

complainant and informed that her daughter died by

committing suicide. They went to the house of the in-laws

and by verifying, they came to know that her daughter has

committed suicide by hanging because of the ill-treatment

and harassment caused by the accused for demand of

dowry. On the basis of the complaint, a case has been

registered.

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

petitioner that already charge sheet has been filed and
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petitioner/accused is not required for the purpose of

further investigation or interrogation. He further submitted

by referring to the post mortem report there were no

external injuries found over the body of the deceased so as

to indicate the fact that the accused persons have ill-

treated and harassed both physically and mentally. He

further submitted that the post mortem report clearly

shows that the death is due to Asphyxia as a result of

hanging. He further submitted that the contents of the

complaint and other material though disclosed any

allegations as against all the accused persons, there is no

other material to specifically alleged as against the

petitioner/accused No.1. He further submitted that

subsequently during the course of investigation, the

Investigating Officer has recorded the statement of one

Ravikumar R. who is also Constable and in his statement

he has stated that he was in contact with the deceased and

about 1½ years’ back she informed that she is loving him

and when she asked in her parents house about the
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marriage with the said Ravikumar, because of the

difference of castes they are not going to agree and as such

she informed not to come to the house for marriage

negotiations and she also informed to choose another girl

and marry and thereafter she has sent the marriage

invitation card through Watsapp and thereafter he never

used to receive the phone calls. He further submitted that

she used to call and asked him to take her from her

matrimonial home and he never used to receive the call

and even she tried to make a video call and used to tell

that at-least she wants to see him. He never pick the call

and in that light she committed suicide only because he

has not interested to continue the matrimonial relationship

with accused No.1. It is not because of ill-treatment and

harassment caused by the petitioner/accused. He 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.
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5. Per contra, the learned High Court Government

Pleader vehemently argued and submitted that there is

ample material to show that the petitioner/accused along

with other accused persons ill-treated and harassed the

deceased and she committed suicide by hanging in

matrimonial home. That itself clearly goes to show that it is

a dowry death. He further submitted that the

petitioner/accused is the main accused who used o

demand dowry and has ill-treated and harassed the

petitioner. On these grounds he prayed to dismiss the

petition.

6. I have carefully and cautiously gone through the

contents of the complaint and the submissions made by

the learned counsel appearing for the parties and perused

the records.

7. On close reading of the contents of the complaint

and other materials it indicates that similar allegations

have been made as against the petitioner/accused and the
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remaining accused. Already accused Nos.2 and 3 have

been released on anticipatory bail in

Crl.Misc.No.1250/2018 by order dated 29.12.2018.

Already charge sheet has been filed and the

petitioner/accused No.1 is not required for further

investigation or interrogation. Even as could been from the

statement of one Ravikumar which has been recorded

under Section 164 of Cr.P.C. it indicates that the deceased

was having love affair with the said witness and even they

were intending to marry and even after the marriage she

was in contact with the said witness and she also used to

expressed that she is not willing to stay in the house of in-

laws and under the said circumstances she committed

suicide cannot be over-ruled.

Taking into consideration the above suspicious

circumstances I feel that the petitioner/accused if he is

released on bail, it is going to meet the ends of justice.

8. In the light of the discussions held by me above,

the petition is allowed and petitioner/accused No.1 is
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ordered to be released on bail in Crime No.123/2018 of

Women police station, Tumakuru, for the offences

punishable under Sections 498A, 304B r/w Section 34 of

Indian Penal Code and Sections 3 and 4 of Dowry

Prohibition Act, subject to the following conditions:

i) The petitioner 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.

ii) He shall not tamper with the prosecution
evidence directly or indirectly.

iii) He shall mark his attendance in the
jurisdictional police on 1st of every month
between 10.00 A.M. and 5.00 P.M. till the
trial is concluded.

iv) He shall not leave the jurisdiction of the Court
without prior permission of the Court.

Sd/-

JUDGE

*AP/-

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