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Sri.Muddana Venkata Ramesh vs State By Mahadevapura Police … on 21 August, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF AUGUST, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION No.5094/2019

BETWEEN:

Sri Muddana Venkata Ramesh
S/o Satyanarayana
Aged about 32 years
No.171, 5th Main, B.Narayanapura,
Bengaluru-36.
…Petitioner
(By Sri J.R.Shanthala, Advocate)

AND:

State by Mahadevapura Police Station
Represented by State Public Prosecutor
High Court Building
Bengaluru-560 001.
…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.167/2018 (C.C.No.53917/2019) of Mahadevapura
Police Station, Bengaluru City for the offences punishable
under Sections 498A and Section304B 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:-
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ORDER

The present petition has been filed by the petitioner/

accused No.1 under Section 439 of Cr.P.C. to enlarge him

on bail in Crime No.167/2018 (S.C.No.1152/2019) of

Mahadevapura Police Station for the offences punishable

under Sections 498(A) and Section304(B) r/w Section 34 of Indian

Penal Code and also under Sections 3 and Section4 of the Dowry

Prohibition Act.

2. I have heard the learned counsel appearing for the

petitioner/accused No.1 and the learned High Court

Government Pleader appearing for the respondent-State.

3. The brief facts of the case as per the complaint are

that the daughter of complainant, viz., Tulasi Mahalakshmi

was given in marriage to Muddanna Venkata Ramesh

(accused No.1) on 16.03.2017 and subsequently, on

19.01.2018, she committed suicide by hanging herself in

the house of her husband and in the light of the same, a

complaint was registered in UDR No.15/2018. Thereafter,
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the father of deceased filed a complaint alleging that

deceased committed suicide because of the ill-treatment

and harassment caused by the accused persons for

demand of dowry. On the basis of the said complaint, a

case was registered in Crime No.167/2018 for the above

said offences.

4. It is the submission of the learned counsel for the

petitioner/accused No.1 that the marriage of the deceased

and the petitioner/accused took place on 16.3.2017 and

thereafter they shifted to Bengaluru and at the time when

they shifted to Bengaluru, the jewellary which was given in

the marriage has been taken over by the parents of the

deceased. It is her further submission that the alleged

incident has taken place on 19.1.2018 and at the time

when the Tahasildar recorded the statement of Vinayaka-

the brother of the deceased, he has categorically stated in

his statement before the Tahasildar that the

petitioner/accused and the deceased were residing

cordially and deceased sister used to call him every day
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over the phone and they were happily leading the life and

petitioner/accused was also look after well and she has

been put for IT training. He has also stated that because of

frustration she has committed suicide without telling to the

husband of the deceased and they are not suspecting

anybody and they requested to give the dead body after

post mortem and thereafter they conducted the last rituals

and the complaint has been registered only on 22.2.2018.

It is her further submission that when UDR case was

registered there was no allegation of either demand of

dowry or any gold, but subsequently after deliberation and

discussion a false complaint has been registered. It is her

further submission that earlier the petitioner/accused has

approached this Court for release him on bail, but this

Court has given a liberty to file a fresh bail application after

the charge sheet is filed. Now the charge sheet has been

filed and all the material which has been collected is made

available and in the said material there is no allegation as

against the petitioner/accused for having demanded the
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dowry. He is ready to abide by the conditions to be imposed

by this Court and ready to offer the sureties. On these

grounds she prayed to allow the petition and to release the

petitioner on bail.

5. Per contra, the learned High Court Government

Pleader vehemently argued and submitted that the

complainant is the father of the deceased, in his statement

he has specifically made the allegation that prior to the

marriage there was a demand and in pursuance of the

same he has given huge gold and cash and thereafter there

was ill-treatment and harassment caused by the

petitioner/accused and the deceased has committed

suicide by hanging in the house of the petitioner/accused

and the petitioner/accused has not given any explanation

as contemplated under Section 106 of the Evidence Act. It

is his further submission that there is a presumption that

if the death takes place within seven years after the

marriage, it is presumed to be a dowry death. He further

submitted that the petitioner/accused was absconding and
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subsequently he was surrendered before the Court. On

these grounds he prayed to dismiss the petition.

6. I have carefully and cautiously gone through the

submissions made by the learned counsel appearing for

the parties and perused the records.

7. On close reading of the charge sheet material, the

statement of Vinayaka- the brother of the deceased has

been recorded on 22.2.2018 and therein he has stated that

the petitioner/accused and the deceased are living

cordially and every day she used to call and they were

living happily and she also used to inform that the

petitioner/accused is also looking after well and he has put

her for IT training and she is going for the training and he

has also further stated that he is not suspecting anybody.

Even the records also indicate the fact that the deceased

died due to frustration and the post mortem report also

supports the contention of the learned counsel for the

petitioner/accused.

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8. Though it is contended by the learned High Court

Government Pleader that the presumption is there under

the law and the accused has not come up with any

explanation as contemplated under Section 106 of the

Evidence Act, even the statement of the brother of the

deceased itself goes to show that she was prejudiced

because of pressure of work and as such she has

committed suicide and as on the date of the alleged

incident the petitioner/accused was also not present in the

house. Under the said facts and circumstances that too

when already charge sheet has been filed, I feel that by

imposing some stringent conditions, if the

petitioner/accused is ordered to be released on bail, it is

going to meet the ends of justice.

9. In the light of the discussions held by me above,

the petition is allowed and petitioner/accused No.1 is

ordered to be released on bail in Crime No.167/2018(SC

No.1152/2019) of Mahadevapura police station for the
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offences punishable under Sections 498A, Section304B r/w

Section 34 of Indian Penal Code and Sections 3 and Section4 of

the Dowry Prohibition Act, subject to the following

conditions:

i) The petitioner 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..

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

iii) He shall mark his attendance in the
jurisdictional police once in a month on every
first between 10.00 A.M. and 5.00 P.M. till
the trial is concluded.

iv) He shall not leave the jurisdiction of the Court
without prior permission.

Sd/-

JUDGE
*AP/-

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