IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2019
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.9169/2018
Aged about 32 years,
Working as Human Resource Manager,
S.S. Manpower, Whitefield Road,
Hoodi, Bengaluru – 560 045.
R/at Dimbha Gate,
Kolar Taluk – 563 130.
(By Sri. M.R. Nanjundagowda, Advocate)
The State of Karnataka,
By Bangarpet Police,
Represented by State Public Prosecutor,
High Court Buildings,
Bengaluru – 560 001.
(By Smt. Namitha Mahesh, B.G., HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No250/2018 of Bangarpet Police Station, K.G.F. District
for the offences p/u/ss 498A, 302, 304B, 504 read with
Section 34 of IPC.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
The present petition has been filed by the
petitioner/accused No.1 under Section 439 of Cr.P.C.,
seeking his release on bail in Crime No.250/2018 of
Bangarpet Police Station for the offences punishable
under Sections 498(A), 302, 304(B) and 504 read with
Section 34 of IPC.
2. I have heard the learned counsel for the
petitioner and the learned High Court Government
Pleader for respondent-State.
3. The genesis of the complaint is that the
marriage of the deceased was solemnized with accused
No.1 on 04.03.2018, at that time, the complainant gave
some gold ornaments. Subsequently, accused No.1 and
in-laws of the deceased started ill-treatment and
harassment to the deceased to bring Rs.3 lakhs from
her parents to get a house on lease at Bengaluru and to
reside in Bengaluru. The matter was pacified by
holding the panchayath on 27.06.2018. On 29.06.2018
at about 11.00 a.m., accused No.1 made a phone call to
the complainant and told that his wife has fell down and
she was taken to R.K. Nursing Home at Kolar.
Immediately, the complainant went to the hospital and
noticed that the deceased died and there was
strangulation mark around the neck and suspected that
the accused persons have committed murder of the
deceased by using rope or cloth. On the basis of the
complaint, a case has been registered.
4. It is the submission of the learned counsel
for the petitioner that accused Nos.2 to 5 have already
been released on bail and at the time of filing the charge
sheet, accused Nos.4 and 5 have been dropped out. It
is further submitted that there was no demand of dowry
by the accused petitioner or from his family members.
It is further submitted that the contents of the
complaint and other material contains the common
allegation against all the accused persons. Under the
similar facts and circumstance, accused Nos.2 and 3
have been released on bail. On the ground of parity, the
petitioner is also entitled to be released on bail. He
further submitted that already the charge sheet has
been filed and the custodial continuation of the
petitioner is not necessary. He further submitted that if
the nature and gravity of the accusation and the role
played by the accused is properly assessed, at the time
of alleged incident accused No.1 was not present at the
place of incident and as such, no attribution can be
made against the petitioner/accused No.1. He submits
that he is ready to abide by the conditions that may be
imposed on him by this Court and ready to offer surety.
On these grounds, he prayed to allow the petition and to
release the petitioner/accused on bail.
5. Per contra, learned High Court Government
Pleader vehemently argued and submitted that at the
time of performing the marriage, they have given the
dowry in the form of gold and two days prior to the
alleged incident, the matter has been pacified before the
panchas. The deceased has been murdered within four
years from the date of the marriage that there is a
presumption under the said act that it is a dowry death.
She further submitted that immediately after the
incident, accused No.2 went and CWs.2 and 4 have
come and have seen that the deceased was suffering
with suffocation and immediately, she was shifted to the
hospital. It is further submitted that there is prima-
facie material against the accused petitioner. She
further submitted that the final opinion of the Medical
Officer has to be obtained, if the accused petitioner is
ordered to be released on bail, he may tamper with the
prosecution evidence and may not be available for trial.
On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through
the submissions made by the learned counsel appearing
for both the parties and perused the records which has
been produced along with the petition.
7. As could be seen from the contents of
complaint there is common allegation with regard to the
ill-treatment and harassment for demand of Rs.3 lakhs
from the deceased. Under the said common allegation,
already accused Nos.2 and 3 have already been released
on bail. On the ground of parity, accused petitioner is
also entitled to be released on bail. Be that as it may.
The records indicate that nowhere it is mentioned that
the presence of accused on the date of the alleged
incident and it has been mentioned that he has come
when the deceased was taken to the hospital. Under
such circumstance, there is no serious overt-acts
alleged against petitioner/accused No.1. That too,
already when the charge sheet is filed, I feel that by
imposing some stringent conditions, if the accused
petitioner is ordered to be released on bail, it is going to
meet the ends of justice. In the light of discussions held
by me above, petition is allowed.
8. Petitioner/accused No.1 is enlarged on bail
in Crime No.250/2018 of Bangarpet Police Station for
the offences punishable under Sections 498(A), 302,
304(B) and 504 read with Section 34 of IPC subject to
the following conditions:
1. Petitioner/accused No.1 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. He shall not leave the jurisdiction of the Court
without prior permission.
3. He shall not tamper with the prosecution evidence
directly or indirectly.
4. He shall regularly appear before the Court for trial.