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Sri Yankoji @ Venkatesh vs State By Subramanyapura Police … on 15 March, 2019

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
-2-

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
-3-

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
-4-

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
-5-

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
-6-

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

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