IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2019
BEFORE
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.1473 OF 2019
BETWEEN:
Sri.Yankoji @Venkatesh
S/o Balappa Arera,
Aged about 52 years,
R/at Kandkur Village,
Koppala Taluk,
Koppala District,
Now at No.401, Buldota, 2nd Cross,
14th Main, Munivenkatappa Layout,
Bengaluru-560 061.
…Petitioner
(By Sri.B.G.Lokesha, Advocate)
AND:
State by Subramanyapura Police Station,
Represented by
State Public Prosecutor,
High Court of Karnataka,
Bengaluru-560 001.
… Respondent
(By Sri.M.Diwakar Maddur, HCGP)
This Criminal Petition is filed under Section 439 of
Criminal Procedure Code praying to enlarge the petitioner on
bail in Crime No.423/2018 of Subramanya Police Station,
Bengaluru for the offence punishable under Section 498A, 304B
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read with Section 34 of IPC and 3, 4 of Dowry and Prohibition
Act.
This Criminal Petition coming on for Orders, this day, the
Court made the following:
ORDER
The present petition has been filed by the petitioner-
accused No.2 under Section 439 of Cr.P.C, seeking to release
him on bail in Crime No.423/2018 of Subramanyapura Police
Station, Bengaluru, for the offence punishable under Section
498, 304(B) read with Section 34 of IPC and also under Section
3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for the petitioner
and the learned High Court Government Pleader for respondent-
State.
3. The gist of the complaint is that the daughter of the
complainant was got married to accused No.1 on 21.04.2017.
At the time of marriage the accused No.1 and their family on
demand received a sum of `65,000/- and 30 gms of golden
articles as dowry. Thereafter, she leaved together in Bengaluru
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along with the petitioner, father-in-law, brother-in-law and
sister-in-law. When she was staying with them, the family
members along with accused No.1 started ill-treating and
harassing her. She was threatened by accused No.1 and
petitioner that they would kill her for additional dowry. The
same was intimated by the deceased to the complainant. In this
connection, the Panchayat was also convened and was advised
to look after the deceased very well in future. It is further stated
that when she had come to her father’s house for festival, there
also she informed that accused-petitioner is again ill-treating
and harassing her. Again panchayat was convened and
accused-petitioner pretended to look after the deceased properly
and took the deceased to their house in Bengaluru. On
29.12.2018 the daughter of the complainant committed suicide
by hanging to the ceiling fan. On the basis of the complaint, a
case has been registered.
4. It is the submission of the learned counsel for the
petitioner that the petitioner-accused No.2 is no where
concerned to the alleged act. He further submitted that if really
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ill-treatment and harassment was there, the complainant or
deceased ought to have filed the complaint. No such complaint
has been filed. He further submitted that accused-petitioner is
having two minor children and no body is there to look after
them. He further submitted that there is no prima facie case
made out as against petitioner-accused No.2. He further
submitted if really the alleged incident has taken place as
contended, no police complaint has been registered. He further
submitted that the deceased has committed suicide on her own
and not at the instance of petitioner. On these grounds, he
prayed to release the petitioner-accused No. 2 on bail and allow
the petition.
5. Per contra, learned High Court Government Pleader
vehemently argued and submitted that at the time of marriage a
sum of `65,000/- and gold was given as a dowry to the accused.
But the family members of the accused started ill-treating and
harassing her for additional dowry. Though two times Panchayat
was held and accused No.1 and 2 were advised to look after her
well, they continued to ill-treat and harass her. As a result of
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the same, within eight months of the marriage, she committed
suicide by hanging. He further submitted by referring the
statement of two witnesses, she has also informed in detail
about ill-treat and harassment to the said witnesses and they
were also members of the Panchayat. Looking from any angle,
when there is a prima facie material against the petitioner-
accused to say that they have ill-treated and harassed the
deceased and as a result of the same, the deceased committed
suicide. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the
contents of the complaint and other materials, which have been
produced along with the petition.
7. On close reading of the complaint and other material,
it has been made available that there is evidence to show that
there was ill-treatment and harassment to the deceased for
demand of dowry and even two times of Panchayat was held
and elders have also advised not to ill-treat and harass the
deceased. In spite of that they continued to ill-treat and harass
the deceased. As a result, the deceased has committed suicide
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by hanging. Under what circumstances, she committed suicide
in a matrimonial home is not forthcoming. I feel it is not a case
to release the petitioner-accused on bail. The only ground
which has been urged is, accused No.2 is having a minor
children and no other person is there to look after them and
that is not a good ground to release the petitioner on bail.
In the light of the above discussion, petition is dismissed.
However, liberty is given to the petitioner-accused No.2 to move
the bail after charge sheet is filed.
Sd/-
JUDGE
ag