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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
