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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.2879 OF 2018
BETWEEN:-
SHANKAR J C @ MANU
S/O CHIKKANNA
AGED ABOUT 28 YEARS,
DRIVER BY PROFESSION,
R/A C.K.PALYA, JIGANI HOBLI,
ANEKAL TALUK,
BENGALURU-562106.
… PETITIONER
(BY SRI: ARUN A GADAG, ADVOCATE)
AND
STATE OF KARNATAKA BY
BANNERGHATTA POLICE
ANEKAL TALUK, BENGALURU -562106.
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BENGALURU-01
… RESPONDENT
(BY SRI: S.VISHWA MURTHY, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.2/2018 OF
BANNERGHATTA P.S., BANGALORE DISTRICT FOR THE
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OFFENCES PUNISHABLE UNDER SECTIONS 201,302,304B, 498A
R/W 34 OF IPC..
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
The petitioner is the husband of the deceased. Their
marriage was performed on 21.05.2017. On 16.12.2017, the
deceased was found hanging in the matrimonial home. The
father of the deceased lodged a report alleging that the
deceased was harassed and ill-treated in the matrimonial home
by the petitioner, his mother and sister. It is alleged that there
was demand for additional dowry and that she was asked to
attend to cooking which was resisted by the deceased and on
account of the said treatment, she was driven to commit suicide.
2. Heard the learned counsel for the petitioner and the
learned HCGP. Learned HCGP has not filed any statement of
objections, but has orally opposed the petition.
3. The learned counsel for the petitioner submits that the
investigation having been completed, charges are framed under
Section 304-B as well as section 302 Indian Penal Code, which
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cannot be reconciled with each other. There are no eye
witnesses to the incident. Therefore, there cannot be any
apprehension of the petitioner tampering with the evidence or
threatening any of the witnesses and hence, he seeks for release
of the petitioner on bail.
4. On perusal of the records, it is seen that the deceased
died within seven months from the date of her marriage. She
was pursing her post-graduation. Though it is alleged that there
was dowry demand and cruelty to the deceased, no specific
instances of alleged dowry demand or cruelty are cited in the
charge sheet. The offence is alleged to have taken place in the
matrimonial home of the deceased. But, according to the
prosecution, on the date of the incident, the petitioner viz., the
husband was not in the house. The mother-in-law and sister-in-
law of the deceased were present in the house. But they are
dropped from the charge sheet. Even though the post-mortem
report mentions that the deceased died due to asphyxia as a
result of hanging, the findings recorded in the post mortem
report indicate that the deceased had sustained contusions on
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the right cheek and further it is noted that the external injuries
found on the deceased were ante mortem in nature.
5. The complainant himself having alleged that the
petitioner was not present in the house on the date of the
incident, the external injuries found on the deceased cannot be
attributed to the petitioner. In the said circumstances, having
regard to the nature of the evidence relied on by the prosecution
in proof of the above charges, in my view, the custody of the
petitioner do not require to be extended any further. As the
prosecution has not cited any eyewitnesses to the incident
except the immediate relatives of the deceased, there cannot be
any apprehension of the petitioner tampering with the evidence
or threatening the witnesses. Therefore, in the light of all these
facts and circumstances, petition deserves to be allowed.
6. Accordingly, the criminal petition is allowed.
a) Petitioner is ordered to be enlarged on bail on
furnishing a bond in a sum of Rs.1,00,000/-
(Rupees One Lakh only) with two sureties for
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the likesum to the satisfaction of the
jurisdictional court.
b) Petitioner shall appear before the court as and
when required.
c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever manner.
d) Petitioner shall not get involved in similar
offences.
e) Petitioner shall not leave the jurisdiction of the
Trial Court without prior permission of the Trial
Court.
Sd/-
JUDGE
*mn/-
