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Sri Byregowda vs State By K G Nagar S on 4 April, 2014

Karnataka High Court Sri Byregowda vs State By K G Nagar S on 4 April, 2014Author: Budihal R.B.

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 4TH DAY OF APRIL, 2014 BEFORE

THE HON’BLE MR.JUSTICE BUDIHAL R.B. Criminal Petition No.741 of 2014 BETWEEN:

SRI BYREGOWDA

S/O. JALLAPPA,

AGED ABOUT 35 YEARS,

RESIDING AT NO.6, 2ND MAIN ROAD, 5TH CROSS, NANJAMBA AGRAHARA,

CHAMARAJAPET,

BANGALORE-560019.

… PETITIONER

(BY SRI B. M. LOKESH, ADV.)

AND:

STATE BY K. G. NAGAR P.S.

BANGALORE.-560019.

… RESPONDENT

(BY SRI K.NAGESHWARAPPA, H.C.G.P.) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CRIME NO.79/13 OF K.G.NAGAR P.S., BANGALORE CITY AND IN S.C.NO.1128/13 ON THE FILE OF THE V ADDL. C.C AND S.J., C/C OF FTC-9, BANGALORE, FOR THE OFFENCES P/U/S 498(A), 304(B) R/W 34 OF IPC AND 3 AND 4 OF D.P. ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: 2

ORDER

This petition is filed by the petitioner/accused No.1 under Section 439 of Code of Criminal Procedure seeking his release on bail for the alleged offence punishable under Sections 498A, 304(B)and also under Sections 3 and 4 of Dowry Prohibition Act registered in respondent police station Crime No.0079/2013. Heard the arguments of the learned counsel appearing for the petitioner-accused No.1 and also the learned HCGP for the respondent – State. I have perused the averments made in this petition, FIR, complaint, the order passed by the lower Court and other charge sheet materials placed on record. Looking to the averments made in the complaint , it is alleged by the deceased’s mother that complainant’s daughter was given in marriage to the present petitioner and at the time of marriage they have given gold ornaments and also Rs.50,000/- in cash. After the marriage, when daughter of the complainant went to lead her marital life in the house of the petitioner, petitioner, his parents and other family members started ill-treatment to the deceased 3

insisting her to bring more dowry amount and whatever amount she has given is not sufficient. They were given ill-treatment both physically and mentally to the deceased. The deceased, when she was admitted to the hospital, has given dying declaration alleging that her husband, in-laws and other members of the family used to give ill-treatment both physically and mentally demanding to bring more dowry amount. Therefore, looking to the materials on record, at this stage it goes to show prima facie the involvement of the present petitioner-husband in the commission of the alleged offence. The incident has taken place within 7 years from the date of the marriage and when deceased was leading her life along with the present petitioner in the house of the petitioner. Even looking to the materials placed on record by way of statement of witnesses they also goes to show that deceased was subjected to cruelty by the petitioner and his family members. Therefore, looking to the material placed on record and the present petitioner being husband of the deceased who is responsible for the alleged incident, I am 4

of the opinion that it is not a fit case to exercise the discretion in favour of the petitioner. Accordingly the petition is rejected. Sd/-

JUDGE

Vb/-

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