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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11th DAY OF SEPTEMBER, 2018
BEFORE
THE HON’BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION NO.5497/2018
BETWEEN :
Sri Manjunatha
S/o late Jayaramappa
Aged about 33 years
R/at Kolathur Village, Hoskote Taluk,
Bangalore Rural District-562 114.
… Petitioner
(By Sri C.R. Raghavendra Reddy, Advocate)
AND :
State by
Hoskote Police Station
Represented by SPP, High Court
Bangalore-01
… Respondent
(By Sri K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.173/2018 of Hosakote
Police Station, Bangalore District for the offences
punishable under Sections 302, 304B, 498A r/w Section
34 of Indian Penal Code and Sections 3 and 4 of Dowry
Prohibition Act.
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This Criminal Petition coming on for orders this day,
the Court made the following:-
ORDER
The present petition is filed under Section 438 of
Cr.P.C. by accused No.1 praying to grant anticipatory bail
in Crime No.173/2018 of Hosakote Police Station for the
offences punishable under Sections 498A, 304B, 302 r/w.
Section 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act.
2. The brief facts of the case are that deceased
Gangothri, the daughter of the complainant was given in
marriage to the first accused-petitioner herein about five
years back by giving some dowry and in the said
wedlock, a male child was born. After the marriage,
accused-petitioner was not properly looking after the
deceased. He was ill-treating and harassing her both
physically and mentally and the same was informed by
the deceased to the complainant and the same was
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pacified and she was consoled and asked her to lead her
life. On 17.3.2018 at about 9.00 p.m. it was informed
that the deceased Gangothri committed suicide by
hanging herself. On the basis of the said complaint, a
case was registered.
3. I have heard the learned counsel for the
petitioner and the learned HCGP for the respondent-
State.
4. It is the submission of the learned counsel for
the petitioner that prior to the death of the deceased, no
complaints were registered as against the accused-
petitioner and there was no ill-treatment caused by the
petitioner as against the deceased. He further submitted
that the petitioner is having two years’ son and nobody is
there to look after the said child. Even the petitioner is
having aged mother who is also suffering with certain
ailments. At the time of the alleged incident, petitioner
was not there in the house. He further submitted that
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the petitioner is ready to abide by any conditions to be
imposed by this Court and ready to offer the sureties.
On these grounds, he prayed to allow the petition by
enlarging the petitioner on anticipatory bail.
5. Per contra, the learned HCGP vehemently argued
by contending that since from the date of registration of
the case, he is absconding and he is not available for
investigation and interrogation. He further submitted
that the death of the deceased Gangothri has been taken
place within seven years after the marriage and it is a
dowry death. He further submitted that the petitioner
has not explained as to under what circumstances the
deceased has committed suicide in his house. There is a
prima facie material as against the petitioner and if he is
enlarged on bail, he may tamper with the prosecution
evidence and he may not be available for trial. On these
grounds, he prayed to dismiss the petition.
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6. I have carefully and cautiously gone through the
contents of the complaint and other material on record.
It is not in dispute that the death of the deceased has
taken place within seven years after her marriage in the
house of the accused-petitioner. When this Court made
an enquiry with the learned counsel for the petitioner, he
submitted that as per the statement of Girijamma, the
deceased committed suicide by hanging herself because
of severe head ache. As per Section 106 of the Indian
Evidence Act, it is the petitioner-accused No.1 who has to
explain as to under what circumstances the alleged
incident has taken place in his house. The contents of
the complaint and other material would indicate that
there was ill-treatment and harassment caused to the
deceased and as a result of which, she committed suicide
by hanging herself. There appears to be some prima
facie material as against the accused-petitioner. Hence,
this is not a fit case to exercise the discretionary power
under Section 438 of Cr.P.C. by this Court.
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Accordingly, petition stands dismissed. However,
liberty is given to the petitioner to apply for fresh bail in
the event of his arrest.
Sd/-
JUDGE
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