SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sri Rajesh vs The State Of Karnataka on 5 February, 2019

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
-2-

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
-3-

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
-4-

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
-5-

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
-6-

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/-

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2019 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

Web Design BangladeshWeb Design BangladeshMymensingh