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NC: 2023:KHC:47058
CRL.P No. 13735 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF DECEMBER, 2023

BEFORE
THE HON’BLE MR JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 13735 OF 2023

BETWEEN:

SRI VIJAY KUMAR H
S/O LATE HAJARATHAIAH
AGED ABOUT 43 YEARS
R./AT NO 3 MUJIRE RAMASWAMY PALYA
CHINNAPPA GARDEN J C NAGARA
BENGALURU – 560046
…PETITIONER
(BY SRI. SUNIL K N.,ADVOCATE)

AND:

THE STATE BY
DEVARAJEEVANAHALLI POLICE STATION
BENGALURU
REP BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA AT
BENGALURU – 560001
Digitally
signed by …RESPONDENT
GAYATHRI P G
Location: High (BY SRI. .,ADVOCATE)
Court of
Karnataka
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO GRANT
REGULAR BAIL TO THE PETITIONER IN CR.NO.315/2023, FIR
REGISTERED IN DEVARAJEEVANAHALLI POLICE STATION, ON THE
FILE OF 11TH ACMM, MAYOHALL AT BENGALURU, FOR THE OFFENCE
P/U/S 498A, 304B R/W 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT,
1961.THE XLV ADDL. C.C. AND S.J., BENGALURU.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 13735 of 2023

ORDER

The petitioner is accused No.3 in Cr.No.315/2023 dated

20.11.2023 filed by the Devarajeevanahalli Police Station for

the offence punishable under section 498A and 304B read with

Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition

Act is before this Court under Section 439 of Cr.P.C for grant of

regular bail.

2. The brief facts of the prosecution case is that one

Maratamma wife of Jeevaratnam lodged the complaint before

the respondent-Police on 20.11.2023 alleging that she had

three children out of which one is male child and two are

female child and she is working as a Municipal labourer at ward

No.47 in BBMP. The second daughter Smt. Kavita aged about

19 years was in love with accused No.1. Later, both the families

accepted and performed the marriage with the son of the

petitioner about 4 years back at Atmakur Nellore District,

Andhra Pradesh. It is further alleged that the complainant had

paid a sum of Rs.71,000 as dowry at the time of marriage to

the petitioner’s family. Thereafter, the husband and in-laws of

deceased-Kavita harassed her to get more dowry from parental

home. Due to which the Kavita left the matrimonial home and
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CRL.P No. 13735 of 2023

came to her mother’s house and wherein she resided with her

mother. Later the said Kavita lodged the complaint before the

Women Police Station, East Division against the husband in

Cr.No.482/2022 the police advised the son of the petitioner to

to lead happy life and on the advise of the police, the son of the

petitioner took Kavita to his native and again Kavita returned to

her parental home due to incompatibility. It is further alleged

that on 20.11.2023 at about 06:30a.m. the complainant went

to her job informing her daughter Kavita to lock the door.

Further at about 7:30 a.m. when the first daughter of the

complainant knocked the door to take uniform, Kavita did not

open the door. Thereafter, when the son of the complainant

Abilash opened the door, he found Kavita strangulated herself

in Kitchen and subsequently he took her to hospital. Though

the complainant has shifted her to hospital, the doctors

declared her death on arrival. Hence, the complainant lodged

complaint against the petitioner and two others as stated

supra. The petitioner was arrested on 23.11.2023 and sent to

judicial custody and the petitioner is in judicial custody from

the date of the arrest and being aggrieved by the same, the

petitioner has approached the learned Addl. City Civil and

Sessions Judge, Bengaluru for grant of regular bail in Cr.Misc.
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CRL.P No. 13735 of 2023

No.11554/2023 and the same is dismissed by order dated

11.12.2023. Hence, this petition.

3. Heard the learned counsel for the petitioner and

learned HCGP for the respondent-State and perused the

records made available.

4. It is the primary contention of the learned counsel

for the petitioner that the petitioner is the father-in-law of the

deceased i.e., father of the accused No.1 and it is alleged that

the complainant at the time of marriage had paid a sum of

Rs.71,000/- as dowry and subsequently the husband of the

deceased harassed her both physically and mentally as such,

she left the matrimonial home and started to reside at her

parental home and she also committed suicide at her parental

home. The petitioner being father-in-law at no point of time

was residing along with his son and the deceased. But he was

residing at a place called Ramaswamy Palya, J.C.Nagar,

Bengaluru. Whereas, the matrimonial home was situated at

D.J.halli where the deceased and the accused were residing

ever since their marriage. In this context, the learned counsel

seeks indulgence for grant of regular bail.
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CRL.P No. 13735 of 2023

5. Per contra, learned HCGP for the respondent-State

vehemently opposes the bail application on the ground that the

case is still under investigation and serious charge has been

laid against the petitioner. He further contends that on perusal

of the complaint there exists allegations against this petitioner

for demanding dowry from the daughter of the complainant.

Accordingly, he seeks for dismissal of the petition.

6. Having heard the learned counsels for the

parties and on careful perusal of the complaint lodged by

the complainant it depicts that soon after the marriage, the

deceased left the matrimonial home and started to reside in the

house of the complainant i.e., parental home and admittedly

she committed suicide at her parental home. In such

circumstances, Without expressing any opinion on merits of

the case, I am of the view that the petitioner’s prayer for

granting of regular bail is required to be answered

affirmatively.

8. Accordingly, I pass the following:

ORDER

i. The petition is allowed.

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CRL.P No. 13735 of 2023

ii. The petitioner is enlarged on bail in Cr.No.315/2023
pending on the file of 11th Additional Chief
Metropolitan Magistrate, Mayohall, Benglauru
subject to following conditions:

1) The petitioner shall execute personal bond for a
sum of Rs.1,00,000/- (one lakh) with two sureties
for the likesum, to the satisfaction of the
jurisdictional Court;

2) The petitioner shall appear regularly on all the dates
of hearing before the Trial Court unless the Trial
Court exempts his appearance for valid reasons;

3) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution witnesses;

4) The petitioner shall not involve in similar offences in
future;

5) The petitioner shall not leave the jurisdiction of the
Trial Court without permission of the said Court
until the case registered against him is disposed off.

Sd/-

JUDGE

RKA
List No.: 2 Sl No.: 118