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
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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:
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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
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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
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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
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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.
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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.
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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.
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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