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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2019
BEFORE
THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.3260/2019
Between:
Sri T. Suresh,
S/o Late Thimmaiah,
Aged about 32 years,
R/at No.274, 2nd Cross,
2nd Main, Kanteerava Nagar,
Nandini Layout,
Bangalore – 560 031. … Petitioner
(By Sri Sathisha, Advocate)
And:
State of Karnataka,
Bengaluru City,
By Nandini Layout Police,
Represented by
Special Public Prosecutor,
High Court Complex,
Bangalore – 560 001. … Respondent
(By Sri K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 439 of the
Cr.P.C., praying to enlarge the petitioner on bail in Cr.
No.438/2018 of Nandini Layout Police Station, Bengaluru
City for the offences p/u/s 304(B) r/w Section 34 of IPC and
Sections 3 and 4 of D.P. Act.
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This Criminal Petition coming on for orders this day,
the Court, made the following:
ORDER
Petitioner is seeking to be enlarged on bail in
connection with his detention pursuant to the
proceedings in Crime No. 438/2018 for the offences
punishable under Sections 498A, Section304B of IPC read with
Section 34 of IPC and Sections 3 and Section4 of the Dowry
Prohibition Act.
2. The case of the prosecution is that the
daughter of the complainant (mother of the deceased)
has lodged a complaint stating that the petitioner had
married the complainant’s daughter and that ever since
the date of marriage, the petitioner’s family was
harassing the victim for dowry. It is stated that on
29.09.2018, the complainant received information that
her daughter was admitted to the hospital. After
finding out that her daughter had died, complaint was
lodged. On the basis of the complaint, FIR was
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registered, investigation is complete and charge sheet
has been filed.
3. Learned counsel for the petitioner states that
proof of offence is a matter for trial. It is admittedly case
of suicide and as to whether acts of harassment of the
petitioner led to the deceased committing suicide is a
matter to be established during trial. It is further
submitted that the petitioner is in custody since
30.09.2018. Taking note of the fact that the question as
to whether the harassment of the petitioner and other
family members led to the deceased committing suicide
is a matter to be proved during trial; that the petitioner
is in custody since 30.09.2018; that the investigation is
complete and charge sheet has been filed and the
present proceedings cannot be treated to be proceedings
for punishment, petitioner is entitled to be enlarged on
bail.
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4. Accordingly, the bail petition filed by the
petitioner under Sec. 439 of SectionCr.P.C. is allowed and the
petitioner is enlarged on bail in Crime No. 438/2018 for
the offences punishable under Sections 498A, Section304B of
IPC read with Section 34 of IPC and Sections 3 and Section4 of
the Dowry Prohibition Act, subject to the following
conditions:
(i) The petitioner shall execute a personal
bond of `1,00,000/- (Rupees one Lakh
only) with one surety for the likesum to
the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for
the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with
evidence, influence in any way any
witness.
(iv) In the event of change of address, the
petitioner to inform the same to the
concerned SHO.
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(v) Any violation of the aforementioned
conditions by the petitioner, shall
result in cancellation of bail.
Any observation made herein shall not be taken as
an expression of opinion on the merits of the case.
Sd/-
JUDGE
VP
