IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF APRIL, 2019
BEFORE
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.2489 OF 2019
BETWEEN:
1. Sri.Yallapa
S/o Venkatesh,
Aged about 28 years
2. Sri Venkatesh @ Yankoji,
S/o Balappa Arera,
Aged about 52 years,
Both are R/a No.401,
Buldota, 2nd Cross,
14th Main, Munivenkatappa A layout,
Bangalore-560061,
(Accused 1 and 2 are in
Judicial Custody) …Petitioners
(By Sri.B.G.Lokesha, Advocate)
AND:
State by Subramanyapura
Police Station, Represented by
State Public Prosecutor
High Court of Karnataka,
Bangalore-560001. …respondent
(By Smt.Namitha Mahesh.B.G, HCGP)
-2-
This criminal petition is filed under section 439 of
the code of the criminal procedure code praying to
enlarge the petitioner on bail in Cr.No.423/2018
(C.C.No.6320/2019) of Subramanyapura P.S.,
Bangalore for the offence P/U/S 498A, 304B R/w of SectionIPC
and Sec.3, 4 of DP Act.
This criminal petition coming on for Orders, this
day, the court made the following:
ORDER
The present petition has been filed by the
petitioners/accused Nos.1 and 2 under Section 439 of
Cr.P.C., to release them on bail in Crime No.423/2018
of Subramanyapura Police Station for the offence
punishable under Section 498A, Section304B read with 34 of
SectionIPC and Section 3 and Section4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for the
petitioners and the learned High Court Government
Pleader for the respondent-State.
3. Gist of the complaint is that the marriage of
the daughter of the complainant was performed with
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petitioner/accused No.1 on 21.04.2017 by giving some
dowry and gold articles. Subsequently, there was ill-
treatment and harassment caused by the
petitioners/accused to the deceased for bringing the
additional dowry and gold. Because of the ill-treatment
and harassment, the deceased committed suicide by
hanging on 29.12.2018. On the basis of this complaint,
the said case has been registered.
4. It is the submission of the learned counsel
for the petitioners/accused Nos.1 and 2 that the
petitioners/accused Nos.1 and 2 are innocent. They
have not committed any offences alleged against them.
It is his further submission that no dowry has been paid
at the time of marriage. Subsequently, there was no ill-
treatment and harassment for bringing the dowry. Even
the petitioner/accused No.1 has spent the money for
the marriage not even single paisa has been paid by the
complainant. It is further submitted that the deceased
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was insisting to have separate house. Hence, the
petitioner/accused No.1 told that his mother is no more
and he is having a small sister and brother and after
they attaining the age of the majority, they can have the
separate house, inspite of her insistent, when he did not
agree, then she committed suicide and it is not dowry
death. It is further submitted that they are ready to
abide by the conditions imposed on them by this Court
and ready to offer sureties. On these grounds, he
prayed to allow the petition and to release the
petitioners/accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government
Pleader vehemently argued and submitted that there is
ample material to show that the petitioner/accused
No.1 along with accused No.2 has consistently ill-
treated and harassed the deceased for demand of dowry.
Because of the physical harassment, the panchayath
was held and even the statement of PW 1, 2 and 11
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clearly goes to show that deceased was died due to ill-
treatment and harassment caused by the
petitioner/accused Nos.1 and 2 for demand of dowry. It
is further submitted that earlier to the alleged incident,
she tried to commit suicide by hanging herself but
somehow she survived. Subsequently, she committed
suicide. But all the prima facie material goes to show
that there was ill-treatment and harassment by the
petitioner/accused No.1. On these grounds, he prayed
to dismiss the petition.
6. I have carefully and cautiously gone through
the submission made by the learned counsel appearing
for both the parties and perused the records.
7. As could be seen from the contents of the
charge sheet materials, though there is allegations and
materials to show that there was ill-treatment and
harassment for demand of dowry and a Panchayath was
also held. The deceased used to tell the said facts to the
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brother and sister of the deceased. Investigation has
been completed and charge sheet has been filed. Insofar
as the petitioner/accused No.2 is concerned no such
serious allegations have been made. Be that as it may,
even the petitioner/accused No.2 is aged about 52
years. It is submitted that he is also suffering from
health elements. Under the above said facts and
circumstance, I feel that by imposing some stringent
conditions, if the petitioner/accused No.2 is ordered to
be released on bail, it is going to meet the ends of
justice. Insofar as petitioner/accused No.1 is concerned
there is ample material to connect the accused No.1 to
the alleged offence. The death of the deceased has taken
place at the matrimonial home. Hence, the petition
concerned to the petitioner/accused No.1 is dismissed.
8. In that light, insofar as the petition filed by
the petitioner/accused No.1 stands dismissed. Insofar
as the petition filed by the petitioner/accused No.2 is
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concerned, the same is partly allowed. The petitioner-
accused No.2 is ordered to be released on bail in Crime
No.423/2018 of Subramanyapura Police Station for the
offence punishable under Section 498A, Section304(B) read
with Section 34 of IPC and Sections 3 and Section4 of Dowry
Prohibition Act, 1961 subject to the following
conditions:
1. Petitioner/accused No.2 shall execute a personal
bond for a sum of Rs.2,00,000/-(Rupees Two
lakhs only) with two sureties for the likesum to the
satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court
without prior permission.
3. He shall not tamper with the prosecution evidence
directly or indirectly.
4. He shall regularly attend the trial.
Sd/-
JUDGE
KTY
