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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2019
BEFORE
THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No. 2527/2019
Between:
Sri. Mahesh Babu
S/o. Late Rajanna,
Aged about 28 years,
R/o. Dimbala Village,
Kasaba Hobli,
Srinivaspur Taluk,
Kolar District 563 101.
… Petitioner
(By Sri. Nanjunda Gowda M.R., Advocate)
And:
The State of Karnataka
By Srinivaspura Police,
Represented by
State Public Prosecutor,
High Court Buildings,
Bengaluru 560 001.
…Respondent
(By Sri. S. Rachaiah, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.331/2018 of Srinivasapura police for the offences
punishable under Sections 304(B), Section498(A) read with Section
34 of IPC and Sections 3 and Section4 of Dowry Prohibition Act,
1961.
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This Criminal Petition coming on for orders this day,
the Court, made the following:
ORDER
Petitioner is seeking to be enlarged on bail in
connection with his detention pursuant to the
proceedings in Crime No.331/2018 for the offences
punishable under Sections 304B, Section498A, Section34 of IPC and
Sections 3 and Section4 of the Dowry Prohibition Act, 1961.
2. The case of the prosecution is that a
complaint was filed by the father of deceased alleging
that the petitioner and the deceased were married and
that at the time of marriage gold ornaments were given.
It is further stated that the petitioner and his mother
i.e., accused Nos. 1 and 2 had sold the gold ornaments
given to deceased and there were quarrels when the
deceased questioned the petitioner and his mother
regarding the sale of her ornaments. It is further stated
that there were demands for dowry from the petitioner’s
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side and it is alleged that the deceased was being
harassed in that regard. It is stated that on 05.11.2018,
petitioner had informed the complainant that his
daughter had died. On the basis of the complaint, FIR is
lodged, investigation is complete and charge sheet has
been filed.
3. Learned counsel for the petitioner submits
that the proof of commission of offence is a matter for
trial. As to whether the acts of alleged harassment have
taken place is a matter to be proved during trial and as
to whether the acts of petitioner led the deceased to
commit suicide is also a matter for trial. Taking note of
the fact that charge sheet has been filed after
investigation, that the petitioner has been in custody
since 07.11.2018 and looking into the nature of offence
alleged, petitioner is entitled to be enlarged on bail.
4. It is noticed that Sessions Court had rejected
the petition of the petitioner observing that prima facie
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case has been made out. However, in light of the
observations made above, petitioner is entitled to be
enlarged on bail.
5. Accordingly, the bail petition filed by the
petitioner under Sec. 439 of SectionCr.P.C. is allowed and the
petitioner is enlarged on bail in Crime No.331/2018 for
the offences punishable under Sections 304B, Section498A, Section34
of IPC and Sections 3 and Section4 of the Dowry Prohibition
Act, 1961, subject to the following conditions:
(i) The petitioner shall execute a personal
bond of `1,00,000/- (Rupees one Lakh
only) with one surety for the likesum to
the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for
the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with
evidence, influence in any way any
witness.
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(iv) In the event of change of address, the
petitioner to inform the same to the
concerned SHO.
(v) Any violation of the aforementioned
conditions by the petitioner, shall
result in cancellation of bail.
Any observation made herein shall not be taken as
an expression of opinion on the merits of the case.
Sd/-
JUDGE
VP
