At, High Court of Karnataka
By, THE HONOURABLE MR. JUSTICE N.K. SUDHINDRARAO
For the Petitioner: R.B. Sadasivappa, Advocate. (Appeared Through Video Conference). For the Respondent: V.S. Vinayaka, HCGP. (Present Before Court).
(Prayer: This Criminal Petition is filed U/S.439 of Cr.P.C. praying to enlarge the petitioner on Bail in Cr.No.129/2020 of Nandini Layout P.S., Bengaluru City, For The offence p/u/s 498-A, 304-B of IPC and Sections 3 and 4 of D.P. Act.)Through Video Conference:1. This matter is taken up through Video Conference today.2. Heard Sri R.B.Sadasivappa, learned counsel for petitioner through VC and Sri V.S.Vinayaka, learned HCGP for the respondent -State who has appeared before the court.3. The petition is filed under Section 439 of Cr.P.C., wherein the petitioner seeks grant of bail in Crime No.129/2020 for the offences punishable under Sections 498-A and 304B read with Section 34 of IPC of the respondent - Police Station.4. The substance of the complaint is that the FIR was registered against four persons and as stated in the complaint, Smt. T.S.Savithri was given in marriage to the petitioner/accused No.1 on 15.02.2017. She committed suicide by hanging on 16.05.2020. Six months earlier to the date of incident, the petitioner changed the residence and got an house at Nandini Layout on rent. It is stated that now and then the said Smt. T.S.Savithri was harassed and tortured by the petitioner and others in connection with additional dowry. The petitioner was also pressurizing the deceased - Smt. T.S.Savithri to get additional dowry in order to get government employment and to get an house on mortgage and she was subjected to physical and mental cruelty. As the magnitude of harassment and cruelty increased, she committed suicide on 16.05.2020 in the house of the accused at Nandini Layout, Bengaluru. On this basis of which a case came to be registered in cr.No.129/2020.5. Sri R.B.Sadasivappa, learned counsel for the petitioner/accused No.1 would submit that the entire family consisting of petitioner, parents and sister who are arraigned as accused Nos.1 to 4 are implicated in the offence. However, the final report came to be filed against the petitioner for harassing the deceased for additional dowry. The petitioner is sated to be in judicial custody since 17.05.2020. He would further submit that the false allegations are made against the petitioner and father of the petitioner in the complaint which came to be registered in Crime No.129/2020 for the offences punishable under Sections 498-A and 304-B r/w Section 34 of IPC.6. Learned HCGP for respondent opposes the bail petition.7. The said Smt. T.S.Savithri died within seven years from the date of marriage with the petitioner. The allegation is that the petitioner and others harassed and tortured her for additional dowry for the requirement of finance of the petitioner for getting job and also for securing the house on mortgage. The petitioner is stated to be in judicial custody from 17.05.2020 that is from the second day of the incident i.e., on 16.05.2020. It is the case of the prosecution that the unnatural death and abnormal death within seven years from the date of marriage occurred to a married lady Smt. T.S.Savithri who was subjected to dowry harassment, investigation of the case is completed and final report is filed. There was no interference to the investigation from the petitioner is alleged. Therefore, I find that if the petitioner/accused No.1 is enlarged on bail, no prejudice would be caused to the prosecution. However, its apprehension could be resolved by imposing suitable conditions.8. Accordingly, petition is allowed. Petitioner/accused No.1 is hereby released on bail in Crime No.129/2020 registered by respondent-police for the offences punishable under Sections 498-A and 304- B r/w Section 34 of IPC, subject to the following conditions:i) The petitioner/accused No.1 shall execute a personal bond for Rs.1,00,000/- with a surety of a person possessing immovable properties for the likesum;ii) The petitioner/accused No.1 shall not terrorize the witnesses or tamper with the prosecution witnesses in any manner;iii) The petitioner/accused No.1 shall mark his attendance before the Investigating Officer of the above case on every first and third Saturday between 9.00 p.m. to 10:00 p.m. till conclusion of investigation;iv) The petitioner/accused No.1 shall not move out of State of Karnataka without prior permissi
Please Login To View The Full Judgment!
on of the trial Court until further orders;v) The petitioner/accused No.1 shall not come into contact with any of prosecution witnesses;vi) The petitioner/accused No.1 shall undergo medical check-up immediately upon his release on bail, by a medical officer and quarantine himself exclusively in his house for a period of 14 days from the date of release unless he is required for hospitalization to prevent further complications regard being had to the fact of Covid-19.