IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY 2019
THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.3222/2019
Sri K.L. Murthy,
S/o Late Lakshmanappa,
Aged about 43 years,
R/o J. Channappa Badavane,
Chitradurga District – 577 526. … Petitioner
(By Sri Rahul Rai K., Advocate)
The State of Karnataka,
Through Holalkere Police Station,
Represented by its
State Public Prosecutor,
High Court Building,
Bangalore – 560 001. … Respondent
(By Sri K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 439 of the
Cr.P.C., praying to enlarge the petitioner on bail in Cr.
No.79/2019 of Holalkere Police Station, Chitradurga for the
offences p/u/s 498-A, 304-B r/w Section 34 of IPC and
Sections 3 and Section4 of Dowry Prohibition Act.
This Criminal Petition coming on for orders this day,
the Court, made the following:
The petitioner has filed the application under
Section 439 of Cr.P.C. seeking to be enlarged on bail,
as he is detained in relation to the proceedings in Crime
No.79/2019 on the file of Senior Civil Judge JMFC
Court, Holalkere, Chitradurga relating to the alleged
offences punishable under Sections 498A, Section304B read
with Section 34 of IPC and Sections 3 and Section4 of the
Dowry Prohibition Act, 1961.
2. The petitioner is said to be a lecturer at
Government Girls Pre-University College, Belur. The
complaint makes out the facts that the deceased was
married to the petitioner which was as per the custom
and within the wedlock they have a son aged two years.
3. It is alleged that accused No.1, his mother
and sister have been abusing and harassing the
deceased in order to force her to bring dowry. It is
stated that on 17.04.2019 on the basis of a telephone
call received from accused No.3, it has come to the
complainant’s knowledge that her daughter had died.
On the basis of the complaint registered, the petitioner
has been taken into custody on 18.04.2019.
4. The petitioner states that he has been
working at the Government Girls Pre-University College,
Belur, while the deceased was staying with his mother
at Chitradurga. It is further stated that the alleged
incident is said to have occurred on 17.04.2019 and on
the said day, he was posted for election duty at
Holenarasipura which is about 200 Kms. away from the
place of the incident.
5. It is further stated that the investigation is at
an advanced stage and that the witnesses that the
prosecution would rely are mainly the relatives of
deceased, who stay at Shivamogga. As deceased is from
Shivamogga and as the petitioner himself was working
in Belur and his mother stays at Chitradurga, the
question of petitioner prevailing upon the witnesses
threatening or inducing them does not arise and the
petitioner further states that he would cooperate with
the Investigating Authorities.
6. It is further stated that the petitioner has a
two year old child and the said child is at present with
the petitioner’s mother and the petitioner’s mother is
aged about 75 years. Therefore, apart from looking after
the petitioner’s mother, the requirement of petitioner’s
son are such that the petitioner is required to be
enlarged on bail.
7. The prosecution opposes the grant of bail
and states that investigation is not complete and that
there is possibility of petitioner absconding.
8. Perused the investigation records available
with the learned Government Pleader. On a careful
perusal, it becomes evident that the investigation is at
an advanced stage. It is to be noticed that in offences
such as that which is alleged, the Prosecution would
rely upon the witnesses, who are relatives of deceased.
It cannot be said that such of the witness could be
9. It is also to be noted that the petitioner
himself is a lecturer at a Government College and the
apprehension that petitioner may abscond does not
appear to be acceptable.
10. Taking note of the fact that the question as
to whether the deceased had committed suicide as a
result of harassment by the petitioner is a matter to be
proved during trial, noticing that on the date of incident
the petitioner was at Holenarasipura on election duty,
which is 200 Kms. away from the place of incident, it is
a case where the petitioner could be enlarged on bail,
subject to conditions.
11. It is to be further noted that the mother and
sister of the petitioner have been enlarged on
anticipatory bail. It is also to be noted that the learned
Sessions Judge while allowing the applications filed by
the mother and sister of deceased has rejected the
petition of the petitioner and has stated that there is
possibility of tampering with the witnesses and
destroying the evidence.
12. However, on a perusal of the case diary and
taking note of the stage of investigation and noting that
the majority of investigation is complete, this petition is
allowed, subject to the following conditions.
(i) The petitioner shall execute a personal
bond of Rs.1,00,000/- (Rupees one
Lakh only) with a surety for the
likesum to the satisfaction of the
(ii) The petitioner shall fully co-operate
with the Investigating Officer and shall
not indulge in any criminal activities
(iii) The petitioner shall not tamper with
evidence, influence in any way any
witness or hamper directly or indirectly
(iv) The petitioner shall physically present
himself and mark his attendance
before the concerned SHO once every
fortnight till filing of the charge sheet.
(v) The petitioner shall not enter
Shivamogga without the permission of
(vi) Any violation of the aforementioned
conditions by the petitioner, howsoever
minor, shall result in automatic
cancellation of bail.