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Judgments of Supreme Court of India and High Courts

Sunanda S vs State Of Karnataka on 25 November, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF NOVEMBER, 2019

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO.7771/2019

BETWEEN

1. SUNANDA.S
W/O S. BASAVARAJU
AGED ABOUT 45 YEARS

2. S. BASAVARAJU
S/O SHIVANNA
AGED ABOUT 55 YEARS

3. B. VINOD KUMAR
S/O S. BASAVARAJU
AGED ABOUT 27 YEARS

4. VINEETH KUMAR. B
S/O S. BASAVARAJU
AGED ABOUT 19 YEARS

ALL ARE RESIDING AT
NO.22/2-1, G NO. 8TH STREET
JOGUPALYA, H.A.L II STAGE
BENGALURU NORTH
BENGALURU – 560 008
… PETITIONERS

(BY SRI. VIJAY SHETTY. B, ADVOCATE)

AND

STATE OF KARNATAKA
BY PUTTENAHALLI POLICE STATION
BENGALURU – 560 078
REP. BY THE GOVERNMENT ADVOCATE
2

HIGH COURT BUILDING
BENGALURU – 560 001 … RESPONDENT

(BY SRI. ROHITH B.J, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C PRAYING TO ENLARGE THE
PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST
IN CR.NO.210/2019 REGISTERED BY PUTTENAHALLI
POLICE STATION, BENGALURU FOR THE OFFENCE
P/U/Ss.498A, 304B AND 506 R/W 34 OF SectionIPC AND
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.

THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Heard the learned counsel for the petitioners and

the learned HCGP for the Respondent -State. Perused

the records.

2. The petitioners are arraigned as Accused

Nos. 2 to 5 in Crime No. 210/2019 of Puttenahalli Police

Station, Bengaluru for the offence punishable under

Sections 498A, Section304(B) and Section506 r/w 34 of SectionIPC and

Sections 3 Section4 of Dowry Prohibition Act, now pending

before the Court of LXXI Additional City Civil and

Sessions Judge at Bengaluru (CCH.72).
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3. There is no dispute that the deceased

Sushmitha was given in marriage to Accused No.1. It is

alleged that, at the time of marriage, the petitioners

have taken some gold and silver articles in

consideration of the marriage. Even after the marriage,

they started harassing and ill-treating the deceased, on

the ground that, the parents of the victim have not

given site and car as agreed by them at the time of

marriage etc. In that context, it is stated that the

deceased and her husband started living separately in

J.P. Nagar. It is alleged that, in spite of that the

accused persons were telling the deceased that they will

not leave her even though she go away from them and

live separately with her husband. After they parted

themselves from the family and started living in JP

Nagar, it appears Accused No.1 has given the address of

his house at J.P. Nagar. Therefore, suspecting that the

petitioners may come to their house and harass her

again, it appears, the deceased committed suicide in the

house, where herself and her husband were living. On

the above said allegations a complaint came to be
4

lodged and the police started investigation in the

matter.

4. From the complaint averments, it is clear

that the petitioners were residing separately and

Accused No.1 and the deceased were residing

separately. At present, there is no material available

on record to show that, at any point of time, these

petitioners went to the house of Accused No.1 at J.P.

Nagar, where the deceased was residing with her

husband and they have abused the deceased or they

have given any threat to her life. Therefore, in the

facts and circumstances of this case, in my opinion, the

petitioners (A2 to A5) are entitled to be enlarged on bail

on certain conditions. Hence, the following,-

ORDER

The Petition is allowed. Consequently, the
petitioners (A2 to A5) shall be released on bail in
connection with in Crime No. 210/2019 of Puttenahalli
Police Station, Bengaluru, for the alleged offences,
subject to the following conditions:-

(i) Each of the petitioners (A2 to A5) shall
execute their personal bond for a sum of
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Rs.1,00,000/- (Rupees One Lakh only) with one
surety for the like-sum to the satisfaction of the
jurisdictional Court.

(ii) The petitioners (A2 to A5) shall not tamper
the prosecution witnesses.

(iii) The petitioners (A2 to A5) shall appear
before the jurisdictional Court on all future
hearing dates unless exempted by the Court for
any genuine cause.

(iv) The petitioners (A2 to A5) shall not leave
the jurisdiction of the trial Court without prior
permission, till the case registered against them is
disposed of.

v) The petitioner Nos. 2 to 4 (A3 to A5) shall
mark their attendance once in a week ie., on
every Sunday between 10.00 am and 5.00 p.m.,
till filing of the charge sheet or for a period of
two months, whichever is earlier.

Sd/-

JUDGE
KGR*

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