CRL.P.NO.6842/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER 2018
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.6842 OF 2018
BETWEEN:
T. Rudresh @ Rudreshappa,
S/o. Thirthalingappa,
Aged about 35 years,
Agriculturist,
R/o Belagutti Village,
Nyamathi Taluk,
Davanagere – 577 223. …Petitioner
(By Sri. M.S. Shyam Sundar, Advocate for
Sri. Prasanna Kumar S., Advocate)
AND:
The State of Karnataka
By Nyamathi Police
Represented by Special Public Prosecutor,
High Court of Karnataka,
At Bengaluru – 560 001. …Respondent
(By Smt. Namitha Mahesh B.G., HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.132/2018 of Nyamathi Police Station,
Davanagere, for the offences punishable under Sections
CRL.P.NO.6842/2018
2
498A, 307, 304B, 302, 201, 506 r/w 34 of IPC and
Sections 3 and 4 of Dowry Prohibition Act.
This Criminal Petition coming on for Orders this
day, the Court made the following:
ORDER
Petitioner is accused No.1 in Crime No.132/2018
of Nyamathi Police Station. Petitioner and his mother
were charge sheeted in the said case for the offences
punishable under Sections 498A, 304B, 306, 506, 201,
324, 176 r/w Section 34 of IPC and Sections 3 and 4 of
Dowry Prohibition Act.
2. Victim Sudha was married to the petitioner
on 11.05.2015. CW-7 the younger sister of Sudha was
married to the petitioner’s younger brother and they
were all living in the same house. Petitioner and Sudha
have a daughter aged 02 years. On 21.06.2018 Sudha
died. On the same day cremation of Sudha was
conducted.
CRL.P.NO.6842/2018
3
3. Sudha’s father filed a complaint on
30.06.2018 alleging that he suspects something foul in
his daughter’s death. On investigation the petitioner
and his mother were charge sheeted as aforesaid.
4. It is alleged that petitioner and his mother
subjected Sudha and CW-7 to physical and mental
cruelty in connection with their demand for dowry and
therefore Sudha has committed suicide.
5. The complainant claims that after their
return from funeral CW-7 revealed him about the
cruelty of the accused and Sudha dying unnatural
death.
6. The statements of the witnesses available in
the charge sheet clearly show that the death was
suicidal one. The complainant and village elders who
are the charge sheet witnesses held a negotiation to
settle the matter. However, later complaint is filed.
CRL.P.NO.6842/2018
4
7. Even as per the statement of CW-7 the
petitioner beat the victim on 10.06.2018. After that
incident CW-7 and victim came back to the house of the
complainant and Sudha returned to her matrimonial
home on her own.
8. It is no doubt true that there is prima-facie
lapse on the part of the petitioner in not reporting
unnatural death to the police. But, the said offence is
punishable with imprisonment of one month only. Even
the father had not reported the death.
9. CW-1 says that his another daughter CW-7
and grand daughter had to live in the same house,
therefore, he delayed filing the complaint. If the cruelty
by the accused was to the extent of causing injury to
the life, it becomes difficult to comprehend that he
thinks of his another daughter and grand daughter
continuing to stay in the same house of the accused.
CRL.P.NO.6842/2018
5
10. Prosecution may have to dispel these aspects
at a full fledged trial. However, if bail is granted, CW-7
the material witness and the petitioner may have to live
in the same house and that apprehension can be
remedied by imposing suitable conditions. Therefore,
the petition is allowed.
Petitioner is granted bail in Crime No.132/2018
of Nyamathi Police Station, Davanagere, subject to the
following conditions:
1) He shall execute personal bond in a sum
of Rs.50,000/- and furnish two sureties
in the like-sum to the satisfaction of the
concerned Court for his appearance;
2) He shall appear before the Court as and
when required for the purpose of trial;
3) He shall not tamper the prosecution
witnesses in any manner;
4) Till the evidence of CW-7 is completed
before the trial Court, petitioner shall
not visit to Belaguthi Village.
Sd/-
JUDGE
SV
