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Sri B Mallikarjuna vs State Of Karnataka on 7 July, 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF JULY, 2021

BEFORE:

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.4176 OF 2021

BETWEEN:

SRI. B. MALLIKARJUNA
AGED 24 YEARS
S/O. B. SUBBARAYADU
9TH CROSS, MUTHURAYASWAMY
LAYOUT, HULIMAVU VILLAGE,
B.G. ROAD
BANGALORE 515 001.
… PETITIONER

[BY SRI. PARTHASARATHY M., ADVOCATE]

AND:

STATE OF KARNATAKA,
BY HULIMAVU POLICE,
REPRESENTED BY S.P.P.
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
… RESPONDENT

[BY SRI. VINAYAKA V.S., HCGP]

***

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.129/2020 OF HULIMAVU POLICE STATION (IN C.C.
NO.16019/2020, PENDING BEFORE THE V ACMM, BENGALURU), FOR
OFFENCE PUNISHABLE UNDER SECTIONS 498A, 304B READ WITH
SECTION 34 OF
IPC AND SECTIONS 3 AND 4 OF D.P. ACT.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY THE COURT
MADE THE FOLLOWING:

ORDER

This petition is filed under Section 439 of Cr.P.C. by

petitioner/accused No.1 praying to enlarge him on bail in

connection with a case registered in Crime No.129/2020 of

Hulimavu Police Station, Bengaluru, for offence punishable under

Sections 498A, 304B read with Section 34 of IPC and Sections 3

and 4 of D.P. Act.

2. Heard the learned counsel for petitioner and learned

HCGP for respondent-State and perused the material on record.

3. The case of the prosecution is that the marriage of

the first informant’s daughter Smt. Prabhavathi was performed

with the accused – petitioner on 05.04.2018. After the marriage,

the deceased started staying along with her husband and his

parents in a rented house in Hulimavu Village, Bengaluru.

Accused Nos.2 and 3 are the parents of the petitioner and

accused No.4 is his maternal uncle. The accused were picking up

quarrel with deceased and they were demanding a sum of
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Rs.4 Lakhs to get from her parental house and in this connection

they were giving physical and mental torture to the deceased. A

week prior to the date of incident, the deceased and accused

No.1 took a rented house and started living separately. On

24.07.2020 at about 10.00 p.m., all the accused picked up

quarrel with the deceased and demanded her to get a car and

gold from her parental house. Unable to bear the physical and

mental torture meted to her at the hands of the accused,

deceased by holding the electric heater which resulted in electric

shock, committed suicide.

4. Learned counsel for the petitioner has contended that

the petitioner has not committed any offence as alleged by the

prosecution. He submits that there was no demand or

acceptance of dowry at the time of marriage and the petitioner

has not subjected the deceased to physical or mental cruelty. He

further contends that the deceased has not committed suicide on

the other hand, she died an accidental death. He therefore

contends that the petitioner is innocent and he has been falsely

implicated. He submits that the petitioner was arrested on

19.09.2020 and he is languishing in judicial custody. Now the
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investigation is completed and charge sheet has been filed. He

therefore submits that by imposing suitable conditions, the

petitioner may be enlarged on bail.

5. Learned HCGP has opposed grant of bail contending

that there are sufficient material collected by the prosecution to

show that the deceased was being subjected to physical and

mental cruelty by the accused persons. He submits that as per

the statements of PWs.5 and 6, the night prior to the date of

incident, all the accused have quarreled with the deceased

demanding her to get a car and gold from her parental house.

Therefore the deceased being unable to bear the physical and

mental torture meted to her, has held the electric heater which is

used to heat the water and committed suicide. He submits that

in the event of release of the petitioner, he may tamper with the

prosecution witnesses and thereby hamper the case of

prosecution. Accordingly, seeks to reject the petition.

6. The first informant is the mother of the deceased.

The marriage of the deceased with the petitioner/accused No.1

was performed on 03.04.2018. Perusal of the complaint
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averments does not indicate that there was any demand or

acceptance of dowry at the time of marriage. It is alleged in the

complaint that three months after the marriage, there used to be

petty quarrel between the petitioner and the deceased. It is

alleged that the petitioner was in love with another girl prior to

the marriage and even after the marriage he was talking to that

girl, as such there was quarrel and about two months prior to the

incident, panchayat was convened. It is alleged that two weeks

prior, the petitioner picked up quarrel with the deceased saying

that she did not get a necklace and on 24.07.2020 at about

10.00 p.m., the deceased is said to have informed her mother

over phone that accused persons are giving trouble to her.

7. According to prosecution, the deceased by holding an

electric heater used to heat the water, committed suicide, on

account of physical and mental torture meted to her by the

accused persons. Perusal of the charge sheet material go to

show that initially the deceased was staying along with her

husband and other family members. About 5 days prior to the

date of incident, the petitioner and the deceased started staying

separately along with their child in a rented house.
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8. Learned counsel for the petitioner has contended that

the deceased has not committed suicide but she died an

accidental death. He would rely on the mahazar dated

28.07.2020. Perusal of the same goes to show that the water

heater was burnt. In the post mortem report, the cause of death

is not mentioned. Cause of death has been reserved pending for

histopathology examination report. Hence, at this stage, there is

no conclusive opinion regarding the cause of death. It is for the

prosecution to establish during trial that the deceased committed

suicide on account of the physical and mental torture meted to

her by the accused in connection with dowry. The petitioner was

arrested on 19.09.2020 and he is in judicial custody. Now the

investigation is completed and charge sheet has been filed.

Considering the facts and circumstances, without expressing any

view on the merits of the case, I deem it appropriate to enlarge

the petitioner on bail by imposing suitable conditions. Hence, the

following :

ORDER

Criminal petition is allowed.

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Petitioner – Accused No.1 shall be enlarged on bail in

Crime No.129/2020 of Hulimavu Police Station, Bengaluru,

(pending in CC No.16019/2020 on the file of V ACMM,

Bengaluru), for offences punishable under Sections 498A, 304B

read with Section 34 of IPC and Sections 3 and 4 of D.P. Act,

subject to following conditions:

(i) Petitioner shall execute a personal bond in a sum of

Rs.1,00,000/- (Rupees One Lakh only) with two

sureties for like sum to the satisfaction of the

jurisdictional court.

(ii) Petitioner shall furnish proof of his residential

address and shall inform the court if there is any

change in the address.

(iii) Petitioner shall not tamper with the prosecution

witnesses / evidence either directly or indirectly.

(iv) Petitioner shall not leave the jurisdiction of the trial

court without prior permission of the learned

Sessions Judge.

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(v) Petitioner shall appear before the trial court on all

dates of hearing.

SD/-

JUDGE

snC

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