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Sri. Golagani Anil Kumar vs State Of Karnataka on 1 April, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01ST DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO. 6430/2018

BETWEEN:

Sri.Golagani Anil Kumar,
Aged about 29 years,
S/o G.Satyanarayana,
Resident of 80-27-14, J.N.Road,
Near Abhaya Hospital,
Rajahmundri (Urban)
East Godavari,
Andhra Pradesh – 533010. …Petitioner

(By Sri.C.V.Nagesh, senior counsel for
Sri.Raghavendra.K, Advocate)

AND:
State of Karnataka,
By the Electronic City Police Station,
Rep. by State Public Prosecutor,
High Court of Karnataka,
Bengaluru – 560001. … Respondent

(By Sri.M.Divakar Maddur, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.132/2017 registered by Electronic City Police
Station, Bengaluru and in Spl.C.C.No.244/2017
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pending on the file of II Additional District and Sessions
Judge, Bengaluru Rural District, Bengaluru for the
offences punishable under Sections 498(A) and 304(B)
of IPC and Sections 3 and 4 of Dowry Prohibition Act
and Sections 3(1)(r) and 3(2)(v) of SC/ST (POA) Act.

This Criminal Petition coming on for Orders, this
day, the Court made the following:

ORDER

The present petition has been filed by the

petitioner/accused No.1 under Section 439 of Cr.P.C.,

seeking to release him on regular bail in Crime

No.132/2017 (C.C.No.244/2017) of Electronic City

Police Station, Bengaluru registered for the offences

punishable under Sections 498A and 304B of IPC and

under Sections 3 4 of the Dowry Prohibition Act, 1961

and under Sections 3(1)(r) and 3(2)(v) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989 (for short ‘SC ST Act’).

2. I have heard the learned senior counsel

Sri.C.V.Nagesh for the petitioner and the learned High

Court Government Pleader for respondent-State.
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3. Though this Court by orders dated

31.08.2018 and 27.11.2018 notified the complainant to

be present, but remained absent.

4. The gist of the complaint is that

complainant’s parents have 3 sons and 1 daughter. The

mother of the victim died when she was 5 years and she

has been brought up in the hands of her maternal

grand mother and uncles. She was educated till

engineering and thereafter, the deceased informed that

she has fallen in love with the accused/petitioner and if

they agree, she will marry him. Thereafter, they

enquired with the accused/petitioner and they came to

know that he is having illegal affairs with few women

and the said fact was told to the deceased that it is not

good to marry him. Subsequently, when the deceased

discontinued her studies and after 1 year she continued

and at that time also accused/petitioner also
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discontinued his studies and thereafter they got married

on 04.12.2016 in the presence of few elders. It is further

alleged that to the said marriage, the uncles and

relatives of the deceased have not attended and soon

after 1 month of marriage the accused/petitioner

started harassing the deceased as he wanted to buy a

two wheeler and demanded Rs.1 lakh and the said

amount has been paid by the deceased. Again

thereafter, the accused/petitioner started illtreating and

harassing her for dowry, then she took gold loan and

had given him money. Again he started demanding the

dowry and used to beat her and torture her and also

used loose words using the name of her caste. It is

further alleged in the complaint that in the month of

April, 2017, deceased called the complainant and his

brothers through phone and complained against the

accused/petitioner that he is having an extra marital

relationship with a married woman by name Gowri. It is

also further stated in the complaint that the said
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accused/petitioner and Gowri used to communicate

through watsapp and when she asked the

accused/petitioner to stop the said relationship, then

also there used to be quarrels. Even the

accused/petitioner used to harass for bringing Rs.5

lakhs as dowry. If she is not going to bring then the said

Gowri is more beautiful than her and he also abused

deceased saying that she was a Scheduled Caste woman

and used the word “Mala Munda” in Telugu and the

said fact was told by the deceased to the grand mother.

It is further stated that on 07.05.2017 on Sunday at

about 11.00 p.m. complainant got a message that the

deceased committed suicide by hanging and after

coming to know about the said facts, a complaint was

registered.

5. It is the submission of the learned senior

counsel for the petitioner that already charge sheet has

been filed and accused/petitioner is not required for the
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purpose of investigation or interrogation. He further

submits that there is delay of 3 days in filing the

complaint. He further submitted that during the life

time of the deceased she has not raised a single little

finger against the accused/petitioner and no compliant

has been registered. He further submits that the

accused/petitioner was intending to marry the deceased

and the said marriage was objected by the uncle and

grand mother of the deceased and they have not

attended the marriage also. He further submitted that

the mother of the deceased died by committing suicide

and the father of the deceased ran away from the place

and that no body was there to the deceased and

marriage was attended by the relatives of the

accused/petitioner. He further submits that the uncles

and relatives of the deceased were not intending to give

her in marriage and no basic evidence have been

produced to show that the deceased used to call and

inform the complainant and other witnesses about the
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ill-treatment and harassment caused by the

accused/petitioner to her. He further submits that if

actually the accused/petitioner has demanded dowry

then there was no question of deceased giving the

amount of Rs.1 lakh from her account. He further

submits that no documents have been produced for

having pledged the gold ornaments and given the

amount to the accused/petitioner. He further submits

that the main allegation which has been made in the

complaint is that the accused/petitioner was having

extra marital relationship with one Gowri and if the said

fact if it is taken into consideration then the suicide will

not be amounting to dowry death. He further submits

by drawing the attention of this Court to Section 3(1)(r)

of SC ST Act, that the said altercation taken place

between the deceased and the accused/petitioner within

the close corner of four walls of the house and not in a

public place and as such, the said provision is not

applicable. In order to attract the said provisions, the
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said incident or intermediates or humiliation of the

member of the SC ST Act has to take place within the

public view. In that light also, the said provision is also

not attracted. He further submits that the word used is

soon before the death there must be ill-treatment and

harassment but no such material has been produced to

show that soon before the death, the deceased was ill-

treated and harassed. He further submits that prior to

the alleged incident the deceased had been to the house

of the complainant and she was carrying and it is the

accused/petitioner who went and brought her and was

residing along with the deceased. If really the

accused/petitioner was ill-treating and harassing her

then there was no question of he going and calling and

bringing her back. He further submits that the Court

below without considering all these aspects has come to

a wrong conclusion. By drawing my attention to the

provision of Section 15A(5) of SC ST Act he further

submitted that the victim or her dependant shall be
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entitled to be heard at any proceeding under this Act in

respect of bail, discharge, release, parole, conviction or

sentence of an accused or any connected proceedings or

arguments and file written submission on conviction,

acquittal or sentencing. But in this case no dependants

are there and the said provisions are not applicable to

the present facts on hand. He further submits that

since 2 years the accused/petitioner is languishing in

jail. Both are graduates and they have been employed in

M/s. Infosys BPO Ltd. and that they were having

sufficient income and they were leading happy

matrimonial home. Under such facts and

circumstances, there is no question of demand of dowry

and there was no ill-treatment and harassment caused

to the deceased. The accused/petitioner is ready to

abide by any 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

accused/petitioner on bail.

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6. Per Contra, learned High Court Government

Pleader vehemently argued and submitted that soon

before the death, there was ill-treatment and

harassment caused by the accused/petitioner for

demand of dowry and gold and even the

accused/petitioner has abused by taking the name of

her caste. He further submits that the statement of CW

1, 5 and 6 clearly shows that there was harassment for

demand of dowry. He further submits that the

accused/petitioner was also having illicit relationship

with one Gowri and because of the said illicit

relationship there was ill-treatment and harassment

caused to the deceased and as a result of which, the

deceased committed suicide by hanging. He further

submits that there are ample materials to connect

accused/petitioner to the alleged crime and there are no

good grounds to release the accused/petitioner on bail.

On these grounds, he prayed to dismiss the petition.
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7. I have carefully and cautiously gone through

the submissions made by the learned counsel for both

the parties and perused the records.

8. As could be seen from the records, the

allegations which have been made are that there was ill-

treatment and harassment by the accused/petitioner for

demand of dowry and he was having extra marital

relationship with a married woman by name Gowri, who

has been sighted as accused No.2 in this case.

9. On close reading of the contents of the

complaint and other materials, when discussing the

merits of the case on hand, though it is alleged in the

complaint that there was ill-treatment and harassment

to the deceased for demand of dowry by the accused,

there is a delay of 3 days in filing the complaint. No

materials have been produced to show that the

deceased used to inform the complainant and his
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brothers about the ill-treatment and harassment caused

to her. If really she used to communicate over phone

then under such circumstances, definitely the

prosecution could have produced the call details. On

going through the records, the investigating officer has

requested to give call details and a mahazar has also

been drawn on 12.05.2017 stating that on verifying the

mobile phone and details no such messages had passed

through the said mobile phone No.9986344434 and the

same has been deleted and deletion will be noticed only

when if it is retrieved from the said mobile.

10. Be that as it may, even as could be seen

from the records, in the first instance, the demand of

dowry of Rs.1 lakh was drawn from the account of the

deceased and paid to the accused/petitioner and it is

alleged in the complaint that thereafter when he started

harassing her for demand of dowry at that time, she

took gold loan and gave the amount. But in order to
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substantiate the said fact, so far as taking the gold loan,

gold has to be pledged or she has to keep some where

and this record has not been produced in this behalf.

Even the Uncles and relatives of the deceased have not

attended the marriage and the marriage has been

performed by the relatives of the accused/petitioner.

Then under such circumstances, demanding of dowry

itself appears to be artificial and only for the purpose of

the complaint such allegations have been made. Even

as could be seen from the original complaint the

complainant has marked/underlined wherever SC ST

word has been used. When it is observed, it is

understood that he wants to take the advantage of the

said act by filing the complaint. Be that as it may, even

if the complaint, if it is closely read it has been alleged

that the accused/petitioner was having extra marital

relationship with the married woman Gowri and they

used to converse with each other and the said Gowri

used to ask the accused/petitioner to kill the deceased
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and the said deceased had seen the messages and she

was shivering when she called to her grand mother

Smt.Lakshmikanthamma. But as per the mahazar

drawn on 12.05.2017, neither the said messages nor

the call details have been furnished. That itself falsifies

the contention taken in this behalf. The death is not in

dispute. The death of the deceased is by hanging

herself. But under the facts and circumstances, the

provisions of the Dowry Prohibition Act does not attract.

Even if on plain reading of the charge sheet material

available, at the most, the offence which is attracted is

either 306 of IPC or other offences. Under the said facts

and circumstances, I feel that by imposing some

stringent conditions, if the accused/petitioner is ordered

to be released on bail, that when already charge sheet

has been filed, it is going to meet the ends of justice.

11. In the light of the discussions held by me

above, petition is allowed. Petitioner/accused is
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enlarged on bail in Crime No.132/2017

(C.C.No.244/2017) of Electronic City Police Station,

Bengaluru registered for the offences punishable under

Sections 498A and 304B of IPC and under Sections 3

4 of the Dowry Prohibition Act, 1961 and under

Sections 3(1)(r) and 3(2)(v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989

subject to the following conditions:

1. Petitioner/accused 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 trial
Court without prior permission.

3. He shall mark his attendance once in a month
i.e., on 1st of every month between 10.00 a.m.,
and 5.00 p.m., before the concerned police
station, till the trial is concluded.

4. He shall not tamper with the prosecution
evidence directly or indirectly.

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5. He shall regularly appear before the trial
Court for trial, without fail.

Sd/-

JUDGE

NS

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