IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27th DAY OF MARCH, 2019
THE HON’BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION NO.8517/2018
Sri Naresh Kumar @ S.Naresh @ Nari
S/o late Sundar
Aged about 26 years
R/at No.71/E, Railway Quarters
Diesel Shed Ariya, K.R. Puram,
(By Sri Nagaiah, Advocate)
State of Karnataka
by K.R.Puram Police Station
Represented by Special Public Prosecutor
High Court Complex
(By Smt Namitha Mahesh B.G., HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.210/2018 (C.C.No.55839/2018) registered by
K.R.Puram Police Station, Bengaluru, for the offences
punishable under Sections 498(A) and 304(B) r/w.
Section 34 of Indian Penal Code and Sections 3 and 4 of
Dowry Prohibition Act.
This Criminal Petition coming on for orders this day,
the Court made the following:-
The present petition is filed by accused No.1 under
Section 439 of Cr.P.C. praying to release him on bail in
Crime No.210/2018 of K.R.Puram Police Station for the
offences punishable under Sections 498A, 304B r/w.34 of
IPC and Sections 3 and 4 of Dowry Prohibition Act.
2. I have heard the learned counsel for the
petitioner and the learned HCGP for the respondent-
3. The gist of the complaint is that deceased got
married with accused No.1-petitioner herein on
19.3.2018. Accused No.1 was working as Mechanic in
Railway Department. On 22.3.2018 marriage reception
was performed. At the time of marriage, complainant
gave gold ornaments, etc. in the form of dowry.
Thereafter accused No.1 started ill-treating and harassing
the deceased both physically and mentally by
pressurizing her to bring some more dowry. Due to
illtreatment and harassment by the petitioner, on
9.4.2018 early morning, the deceased committed suicide
by hanging in the house of the petitioner. On the basis
of the complaint, a case has been registered.
4. It is the submission of the learned counsel for
the petitioner that petitioner-accused No.1 is innocent.
Already charge sheet has been filed. Earlier a complaint
has been registered for having committed the murder of
the deceased. But when the charge sheet has been filed
it has been filed under Sections 498A and 304B of IPC.
He further submitted that already remaining accused
persons have been granted anticipatory bail by this Court
and on the ground of parity the petitioner is also entitled
to be released on bail. He further submitted that PM
report clearly goes to show that the death is due to
hanging and no external injuries were found over the
body of the deceased that itself clearly goes to show that
there was no ill-treatment or harassment by accused to
bring the dowry. He further submitted that the alleged
incident has taken place within 19 days after the
marriage. No reasons for the death have been
mentioned. He further submitted that the accused No.1
is not having parents. Petitioner is ready to abide by any
conditions and ready to offer sureties. On these
grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued
and submitted that four days prior to the alleged incident
there was quarrel between the petitioner and the
deceased. She further submitted that the petitioner was
intending to marry his sister’s daughter and as he got
married with the deceased there was altercation in the
family. She further submitted as the death is within 19
days after the marriage, it is a presumption that it is a
dowry death. She further submitted that the petitioner
has not explained as to under what circumstances the
death of the deceased has taken place in his house. On
these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the
submissions made by the learned counsel for the parties
and perused the records.
7. On close reading of the contents of the complaint
and other material, it indicates that accused No.1 is not
having any parents. He got married with the deceased
and within 19 days after the marriage, she committed
suicide. On perusal of the PM report, except ligature
mark, there were no external injuries found on the body
of the deceased. Even there are no serious allegations to
point out the fact that there was a demand of dowry and
at the time of marriage, the complainant paid the dowry
in the form of gold etc. Hence, in the absence of such
material, it cannot be held that there was ill-treatment
and harassment for demand of dowry by the petitioner.
The reasons for the death in the matrimonial house are
going to be appreciated and considered only at the time
of trail. When already the charge sheet is filed and the
investigation has been completed, detention of the
petitioner in custody is not required for any other
purpose. In that light, I feel that by imposing some
stringent conditions, if the petitioner is ordered to be
released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused
No.1-petitioner herein is enlarged on bail in Crime
No.210/2018 of K.R.Puram Police Station for the offences
punishable under Sections 498A, 304B r/w.34 of IPC and
Sections 3 and 4 of Dowry Prohibition Act, subject to the
i) Petitioner shall execute a personal bond for
Rs.2,00,000/- (Rupees two Lakhs only)
with two sureties for the like sum to the
satisfaction of the trial Court.
ii) He shall not tamper with the prosecution
witnesses in any manner.
iii) He shall not leave the jurisdiction of the
trial Court without prior permission.
iv) He shall mark his attendance on 1st of
every month before the jurisdictional police
between 10.00 a.m. and 5.00 p.m. till the
trial is completed.