Karnataka High Court
Sri Surya vs State Of Karnataka on 9 January, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 13450 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON’BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 13450 OF 2023
BETWEEN:
1. SRI SURYA
AGED ABOUT 30 YEARS
S/O SRI SWAMY GOWDA,
RESIDENT OF 9TH CROSS,
BALAMURI ROAD
BELAGOLA HOBLI,
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571438.
…PETITIONER
(BY SRI. RAGHAVENDRA K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER
Digitally K R SAGARA POLICE STATION,
signed by REPRESENTED BY SPP
LAKSHMI T HIGH COURT OF KARNATAKA
Location: BENGALURU-560001
High Court …RESPONDENT
of (BY SRI. CHANNAPPA ERAPPA, HCGP)
Karnataka
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO
ENLARGE HIM ON BAIL IN RELATION TO THE CASE IN
C.C.NO.627/2023, PENDING ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE AND JMFC, K.R. PET, MANDYA (CRIME
NO.170/2023 REGISTERED AT K.R. SAGARA POLICE STATION)
FOR OFFENCE P/U/S 498A AND 304B R/W SEC. 34 OF IPC AND
SEC. 3 AND 4 OF D.P. ACT, 1961.
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THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused No.1 has preferred this petition
under Section 439 of Cr.P.C., to enlarge him on bail in
Crime No.170/2023 registered at K.R.Sagar Police Station,
Mandya.
2. Complaint is lodged by one Shekar M., father of
the deceased on the basis of which the aforementioned
crime was registered against the petitioner and three
others namely the parents and brother of the petitioner,
for the offence punishable under Section 304B, 498A r/w
34 of IPC and Section 3 and 4 of the Dowry Prohibition
Act, 1961.
3. Charge sheet is filed for the offence punishable
under Section 304B, 498A r/w 34 of IPC and Section 4 of
the Dowry Prohibition Act, 1961.
4. It is the case of prosecution that there was a
love affair between the petitioner and complainant’s
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daughter – Darshini. Even though the parents of the
deceased were not willing to perform her marriage with
the petitioner, at the instance of the family of the accused,
they performed the marriage on 21.04.2022. After the
marriage, the petitioner, his parents and brother started
harassing the deceased on the ground that dowry of
Rs.15,00,000/- as demanded by them was not paid and in
this connection they were ill-treating the deceased.
Unable to bear the said ill-treatment, the complainant’s
daughter committed suicide on 10.08.2023 in her
matrimonial home by hanging herself to the ceiling fan,
using a saree.
5. As per the complaint lodged by the father of the
deceased, his daughter, deceased Darshini was in love
with the petitioner but the family members of the
petitioner demanded a dowry of Rs.15,00,000/- and
therefore, they requested for three months time. But after
15 days of the engagement ceremony, the accused
forcibly performed the marriage of complainant’s
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daughter. It is alleged that after the marriage, the
deceased was being subjected to physical and mental
torture by the accused persons in connection with dowry
etc.
6. The learned counsel for petitioner has drawn
the attention of the Court to the statement dated
14.04.2022 given by the deceased to the police, prior to
the incident, in response to the complaint given by her
father that since her father was not willing to perform her
marriage, on 08.04.2022, she herself left the house of her
parents and married the petitioner in a temple. In the
said statement she has stated that she was not prepared
to go with her father and she wishes to go with her
husband and live in Belagola Village.
7. As per the statement of CW25-Someshegowda,
the father of the deceased was not willing to perform the
marriage of the deceased with the petitioner and
subsequently in the marriage talks when he expressed
that he is constructing a house and therefore it is difficult
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to conduct the marriage, the petitioner’s father told him
that he should give him Rs.15 lakhs so that they
themselves can perform the marriage. In his statement it
is not alleged that the petitioner has demanded Rs.15
lakhs from the father of the deceased.
8. The material on record reveal that there was a
love affair between the deceased and the petitioner and
deceased on her own volition went with the petitioner and
got married. In the earlier statement given to the police
she has not made any allegations against the petitioner.
Accused Nos.2, 3 and 4 are already enlarged on bail by
this Court. While enlarging accused No.2 on bail, in
Crl.P.No.11109/2023, it is observed that the marriage of
accused No.1 with the deceased Darshini was a love
marriage and they had married without informing their
parents and relatives and therefore, a serious doubt arises
with regard to the allegation made in the complaint about
the demand for dowry.
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9. Considering the above facts and circumstances
and also considering that the charge sheet is already filed,
the petitioner can be released on bail by imposing
necessary conditions. Accordingly, the following:
ORDER
1. Petition is allowed.
2. Petitioner/accused No.1 in Crime No.170/2023
of K.R.Sagar Police Station, Mandya, now pending in CC
No.627/2023 on the file of the Principal Civil Judge and
JMFC, K.R.Pet, Mandya, shall be enlarged on bail, subject
to following conditions:
a) Petitioner shall execute a personal
bond in a sum of Rs.1,00,000/- (Rupees one
lakh only) with two sureties for the likesum to
the satisfaction of the jurisdictional Court.
b) Petitioner shall furnish proof of his
residential address and shall inform the
investigation Officer/Court, if there is change in
the address.
c
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c) Petitioner shall not tamper with the
prosecution witnesses either directly or
indirectly.
d) Petitioner shall not leave the
jurisdiction of the trial Court without prior
permission till the disposal of the case.
e) Petitioner shall appear before the trial
Court on all future hearing dates unless
exempted by the Court for any genuine cause.
SD/-
JUDGE
HB/TL
List No.: 1 Sl No.: 52