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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MAY 2018
BEFORE
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO. 2361/2018
BETWEEN:
Sri. Anand Gowda
S/o Sri. R. Krishnappa,
Aged about 35 years,
Channasandra Village,
Hesaraghatta Hobli,
Bengaluru North Taluk-560064.
…PETITIONER
(By Sri. G.S. Venkat Subba Rao, Advocate)
AND:
State of Karnataka by
Rajanukunte Police,
Rajanakunte,
Bengaluru.
Rep. by Special Public Prosecutor
High Court Building
Bengaluru-560001.
… RESPONDENT
(By Sri. S. Vishwa Murthy, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C praying that this Hon’ble Court may be pleased
to enlarge the petitioner on bail in Crime No. 273/2017
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(C.C. No. 1763/2018) of Rajanukunte Police Station,
Bangalore District for the offence punishable u/s.498A,
304B R/w 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The petitioner has sought for an order of regular
bail in Crime No.273/2017 registered by the
respondent-Police.
2. Initially, the F.I.R was registered under Sections
498A and 304B read with Section 34 of IPC. However,
after investigation, the charge-sheet is laid under
Sections 498A and 304B read with Section 34 of IPC
and Sections 3 and 4 of Dowry Prohibition Act against
the petitioner and the parents of the petitioner.
3. It is not in dispute that the marriage of the
deceased was performed with the petitioner herein on
28.04.2016. In the wedlock, the deceased had given
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birth to a girl child who was aged about 11 months on
the date of the incident. According to the prosecution,
on account of the ill-treatment and harassment meted
out by the petitioner and his parents, the deceased is
stated to have consumed poison and committed suicide.
It is also the case of the prosecution that the deceased
administered poison to the child. However, the child
survived.
4. Learned counsel for the petitioner submits that
the child is presently in the care and custody of the
petitioner’s parents.
5. Though there is serious allegation of the dowry
demand and matrimonial cruelty by the petitioner, the
charge-sheet papers do not indicate that prior to the
incident, there were any specific instances of cruelty or
ill-treatment which were complained to the police or to
the elders. In any event, the investigation itself having
been completed, the custody of the petitioner is not
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required to be extended by way of punishment. In the
circumstances of the case, there cannot be any
apprehension of the petitioner either threatening or
pressurizing the parents or the relatives of the deceased,
who are the prime witnesses in the case.
6. Taking into consideration all the above facts
and circumstances of the case, the petition is allowed
subject to following conditions:
a. The 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
one surety to the like sum to the satisfaction
of the jurisdictional Court;
b. The petitioner shall appear before the Court
as and when summoned;
c. The petitioner shall not threaten or allure
the prosecution witnesses in any manner;
5d. The petitioner shall not leave the jurisdiction
of the Trial Court without prior written
permission.
Sd/-
JUDGE
bnv*
