IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF FEBRUARY, 2019
BEFORE
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO. 9377 OF 2018
BETWEEN:
Sri Rajesh,
S/o. late Doddamuniyappa,
Aged about 36 years,
Residing at Lakkondahalli Village,
Hoskote Taluk,
Bengaluru Rural District – 562 114. …Petitioner
(By Sri Abhishek N.V., Advocate)
AND:
The State of Karnataka,
By Hoskote Police Station,
Hoskote Taluk,
Bengaluru Rural District,
Represented by
State Public Prosecutor,
High Court Building,
Bengaluru – 560 001. …Respondent
(By Smt. Namitha Mahesh B.G., HCGP)
This Criminal Petition is filed under Section 439 of
Cr.PC praying to enlarge the petitioner on bail in Crime
No.474/2018 of Hoskote police station, for the offence
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punishable under Sections 302, 304B, 498A of IPC and
Section 3, 4 of D.P. Act.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The present petition has been filed by the
petitioner/accused No.1 under Section 439 of Cr.P.C.
seeking his release on regular bail in Crime
No.474/2018 of Hoskote Police Station for the offence
punishable under Sections 302, 304B, 498A of IPC and
Sections 3 and 4 of Dowri Prohibition Act.
2. I have heard the learned counsel for the
petitioner and the learned High Court Government
Pleader for respondent-State.
3. The case of the complainant is that the
daughter of the complainant was given in marriage to
the accused No.1 about two years prior to the alleged
incident. It is further alleged that during the marriage,
some gold articles and cash was given in the form of
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dowry and thereafter, deceased gave birth to a child.
Thereafter, accused persons started demanding further
dowry and also started ill-treating and harassing her
daughter and in that light, she committed suicide by
hanging in her matrimonial home on 10.10.2018 at
about 8.30 a.m. On the basis of complaint, case has
been registered.
4. It is the submission of learned counsel for
the petitioner that already charge sheet has been filed
and at the time of alleged incident, the accused
petitioner was not at home. He further submitted that
accused No.2 mother of the petitioner has already been
released on bail by the trial Court and on the ground of
parity, the accused petitioner is also entitled to be
released on bail. He further submitted that the accused
petitioner is no way concerned to the alleged crime. He
is ready to abide by the terms and conditions that may
be imposed by this Court and ready to offer surety. On
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these grounds, he prays to allow the petition and
release the petitioner on bail.
5. Per contra, learned HCGP vehemently
argued and submitted that death of the deceased has
taken place immediately after two years of her marriage
in the matrimonial home and presumption can be
drawn that the death of the deceased is homicidal
death. The petitioner has not made out any grounds
under what circumstances, the deceased committed
suicide in the matrimonial home. She further
submitted that there is evidence to show that the
accused petitioner along with accused No.2 assaulted
and harassed the deceased for dowry. Even the
neighbhoring witnesses, who were residing by the side
of matrimonial home have stated in their statement
about the ill-treatment, harassment and demand of
dowry. He further submitted that the accused
petitioner is addicted to alcohol and also pledged the
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gold articles, that itself clearly goes to show there was
demand for dowry. He further submitted that accused
No.2 has been released on bail as she was suffering
from cancer and parity ground is not available to the
petitioner. On these grounds, he prays to dismiss the
petition.
6. I have carefully and cautiously gone through
the contents of the complaint and other materials,
which have been made available along with the petition.
7. On going through the charge sheet material
and other records which has been produced in this
behalf, admittedly, death of the deceased has taken
place within two years of her marriage in the
matrimonial home and it is specific allegation of the
prosecution that there was demand of dowry and
thereafter, subsequently, the petitioner along with
accused No.2 started ill-treating and harassing the
deceased for payment of dowry and even panchayath
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was also held in this behalf and even the complainant
agreed to pay the amount after some time. All these
materials clearly go to show that there is ample material
as against the accused petitioner. Even the accused
petitioner has not made out any ground under what
circumstances, the deceased has committed suicide
other than the demand of dowry.
8. In the present facts and circumstances, the
accused petitioner has not made out any good ground to
release him on bail. Hence, the petition is dismissed.
Sd/-
JUDGE
PN/-
