SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Smt. Radha @ Radhamma (A-2) vs The State Of Karnataka on 12 March, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF MARCH, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.357 OF 2019
C/W
CRIMINAL PETITION NO.827/2019

In Crl.P.No.357/2019

BETWEEN:

Smt.Radha @ Radhamma (A-2)
W/o Late.Chandrashekarachar,
Aged about 55 years,
Occ: House wife,
R/a No.57/5-A, Hagedibba Circle,
Kalikadevi Road,
Davanagere City-577 001.
…Petitioner
(By Sri.Gopala Krishnamurthy.C., Advocate)

AND:
The State of Karnataka,
Women P.S., Davanagere,
Rep/by SPP High Court,
Bengaluru-560 001. …Respondent

(By Sri.M.Divakar Maddur, HCGP)

This Criminal Petition is filed under Section 439 of
the Code of the Criminal Procedure Code praying to
enlarge the petitioner on bail in Crime No.176/2018 of
-2-

Women Police Station, Davanagere District for the offence
punishable under
Sections 498A, 506, 304B, 302 read
with 34 of
IPC and Sections 3 and 4 of D.P.Act.

In Crl.P.No.827/2019

BETWEEN:

Vinayaka.C.,
S/o Late O.Chandrashekharachar,
Aged about 31 years,
Occ:Medical Representative,
In DMP Company,
R/at No.57/5-A, Hagedhibba Circle,
Kalikadevi Road, Davanagere City-577 001.
…Petitioner
(By Sri.Gopala Krishnamurthy.C., Advocate)

AND:
The State of Karnataka,
Women P.S., Davanagere,
Rep/by SPP High Court,
Bengaluru-560 001. …Respondent

(By Sri.M.Divakar Maddur, HCGP)

This Criminal Petition is filed under Section 439 of
the Code of the Criminal Procedure Code praying to
enlarge the petitioner on bail in Crime No.176/2018 of
Women Police Station, Davanagere for the offence
punishable under
Sections 498A, 506, 304B, 302 read
with 34 of
IPC and Sections 3 and 4 of D.P.Act.

These Criminal Petitions coming on for Orders, this
day, the Court made the following:
-3-

ORDER

Crl.P.No.357/2019 has been filed by petitioner-

accused No.2 and Crl.P.No.827/2019 has been filed by the

petitioner-accused No.1 under Section 439 of Cr.P.C to

release them on bail in Crime No.176/2018 of Women

Police Station, Davanagere for the offences punishable

under Sections 498A, 506, 304B, 302 read with Section

34 of IPC and Sections 3 and 4 of Dowry Prohibition Act,

1961.

2. I have heard the learned counsel for the

petitioners and learned HCGP for the respondent-State.

3. The gist of the complaint is that the deceased

was given in marriage to accused No.1 on 08.06.2018. At

the time of marriage a sum of Rs.35,000/-, gold and Silver

was given as dowry and all the marriage expenses were

borne by the complainant. After the marriage for about

fifteen days they were cordial and thereafter, petitioners

started ill-treating and harassing the victim both
-4-

physically and mentally and demanded to bring additional

dowry. It is further alleged that accused No.1 used to tell

the victim that he will commit her murder and he would

get marry with another woman. The deceased was

informing the complainant about the said ill-treatment

and harassment.

4. In that light, on 16.10.2018 at about 11.28 pm

accused No.1 informed the complainant about the suicide

committed by the deceased in their house by hanging.

Immediately the complainant and other family members

went there and by noticing that their daughter has

expired, complaint has been registered.

5. It is submitted by the learned counsel for the

petitioner that the contents of the complaint and other

material clearly goes to show that the deceased committed

suicide by hanging because of the other reasons but not

due to ill-treatment and harassment. He further submitted

that initially there was no complaint filed against the
-5-

petitioners by complainant or deceased till the death of the

deceased. The alleged incident has taken place on

16.10.2018 and as such there was no material to connect

the accused to the alleged crime. He also submitted that

the deceased was not willing to marry with accused No.1

and as such she has committed suicide. Charge-sheet has

already been filed. If petitioners-accused are not released

on bail, they are going to be languished in the jail. He

further submits that immediately after the incident,

deceased was taken to the hospital and she was conscious

and no dying declaration has been recorded. He also

submits that it is the accused No.1 who accompanied

along with deceased to the hospital. Accompanying with

the deceased itself shows that the accused No.1-petitoner

is not involved in the said crime. He further submitted

that there are no statements as against accused No.2 and

other witnesses. On these grounds he is ready to abide by

any conditions that may be imposed by this Court and
-6-

ready to offer sureties. Hence, he prays to allow the

petition.

6. Per contra, learned HCGP appearing for the

respondent-State vehemently contends that contents of

the complaint are corroborative with other evidence that

petitioners-accused was ill-treating and harassing the

victim for demand of the dowry and death has taken place

in the matrimonial house. No other explanation has been

given by the accused persons. He further submitted that

the accused-petitioners having not made out any good

grounds to release them on bail. On these grounds, he

prays to dismiss the petition.

7. I have carefully and cautiously gone through

the contents of the complaint and other materials, which

have been produced along with the petition by the learned

counsel appearing for both the parties.
-7-

8. On perusal of the complaint, it is clear that

after the marriage of the deceased, petitioners-accused

started ill-treating and harassing for additional demand of

dowry and accused No.1 used to tell the deceased that if

she is not going to bring additional dowry, he will marry

another woman and also used to threaten her with life and

dire consequences. In that light, deceased committed

suicide on 16.10.2018 at about 11.28 pm.

9. Though several contentions have been raised,

it could be seen from the contents of the complaint that

there are many allegations have been made as against the

mother in law and sister in law is concerned. But so far as

the petitioner-accused No.1 is concerned there is specific

allegations made against the accused No.1 that he used to

demand for dowry and he was ill-treating and harassing

the victim. He used to tell that he is going to marry

another woman and he will get dowry.

-8-

10. By taking into considerations the above facts

and circumstances of the case, I feel the petitioner-

accused No.2 has made out case to release her on bail. So

far as the petitioner-accused No.1 is concerned there is

material to connect him to the alleged crime. And even the

death of the deceased has taken place in matrimonial

house, no explanation is given by accused No.1. Though it

is contended by learned counsel for the petitioners that

deceased was not willing to marry with the petitioner-

accused No.1 and as such she had committed suicide. But

there is no material to substantiate the said contention

and as such, the same is not acceptable. The said

contention has to be considered and appreciated at the

time of trial.

11. In the light of the discussions held by me

above, the Crl.P.No.827/2019 filed by the petitioner-

accused No.1 is rejected and Crl.P.No.357/2019 filed by

the petitioner-accused No.2 is allowed.
-9-

12. The petitioner-accused No.2 is enlarged on bail

in Crime No.176/2018 of Women Police Station,

Davanagere for the offences punishable under Sections

304B, 506, 498A, 302 read with Section 34 of IPC and

Sections 3 and 4 of Dowry Prohibition Act, 1961 subject to

the following conditions;

1. Petitioner/accused No.2 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.

2. She shall not leave the jurisdiction of the Court
without prior permission.

3. She shall not tamper with the prosecution evidence
directly or indirectly.

4. She shall regularly appear before the Court for trial,
without fail.

Sd/-

JUDGE
SB

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2019 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

Web Design BangladeshWeb Design BangladeshMymensingh