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Sri Surya vs State Of Karnataka on 9 January, 2024

Karnataka High Court

Sri Surya vs State Of Karnataka on 9 January, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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NC: 2024:KHC:1188
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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NC: 2024:KHC:1188
CRL.P No. 13450 of 2023

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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NC: 2024:KHC:1188
CRL.P No. 13450 of 2023

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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NC: 2024:KHC:1188
CRL.P No. 13450 of 2023

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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NC: 2024:KHC:1188
CRL.P No. 13450 of 2023

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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NC: 2024:KHC:1188
CRL.P No. 13450 of 2023

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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NC: 2024:KHC:1188
CRL.P No. 13450 of 2023

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

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