At, High Court of Karnataka
By, THE HONOURABLE MR. JUSTICE NATARAJ RANGASWAMY
For the Petitioners: Madhukar M. Deshpande, Advocate. For the Respondent: M. Diwakar Maddur, High Court Government Pleader.
(Prayer: This Criminal petition is filed Under Section 439 of the Criminal Procedure Code praying to enlarge the petitioners on bail in Crime No.35/2020 registered by Annapoorneshwari Nagar Police Station, Bengaluru for the offences punishable under Sections 304B and 498A read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.)
Through Video Conference:
1. This is a petition filed under Section 439 of the Code of Criminal Procedure. It is the case of the prosecution that the deceased committed suicide on 17.02.2020 at 5:30 a.m. after sending a whatsApp message to her brother implicating the petitioners herein.
2. Based on the report lodged by the mother of the deceased, the prosecution registered Crime No.35/2020 for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act read with Section 304B, 498A read with Section 34 of the Indian Penal Code. The WhatsApp message, which is extracted by the Court below in its order dated 19.03.2020 in Crl. Misc. No.2159/2020 reads as under:
"Amma nannannu kshamisu nane madikonda tappige nanne shikshe anubhavisuttiddene nannannu dayavitty kshamisu nange avara doddammana mathu kelikondu chitra himse koduthidaru, mathethidare mane bitty hogu anthidru, mentaly thumba himse agtittu, avaranna matra sumne bidabeda. Nanna savage Sharath, Vaidehi, Geetha neravagi karanaragiruthare, eshtu bedikondu kalu hididaru avana manasu kargalilla, avara maneyalli nanage sayalu ishtaviralilla. Maduveyadagininda ide rithi himse amma yara hathranu helikondiralila. Nannannu namma urinalli mannu madu atava sudu, nanna karyavannu nanna thammane madali, avarannu matra summane bidabeda illavadare nanna atmake shanthi doreyuvudilla. Amma miss u, ninagoskara namma tamma sachin idane avananna chennagi nodiko, mathome kshameyachisutidene." Amanige torsu maribeda.
3. Heard the learned High Court Government Pleader and perused the material on record.
4. Petitioner No.2 is stated to be aunt of petitioner No.1 while petitioner No.3 is the sister of petitioner No.1 and that petitioner No.3 is an inmate at C.K.R Paying Guest Accommodation and that she was not residing with petitioner No.1.
5. Though petitioner Nos.2 and 3 are named in the transcript of WhatsApp message, having regard to the fact that the entire case revolves around WhatsApp message which the deceased sent to her brother there is no possibility of any tampering of the prosecution witnesses.
6. In that view of the matter, petition filed by petitioner Nos.2 and 3 for grant of Regular Bail is allowed. Petitioner Nos.2 and 3 shall be released on bail in connection with Crime No.35/2020 registered by Annapoorneshwari Nagar Police Station, Bengaluru, for the offences punishable under Sections 304B, 498A read with Section 34 of the Indian Penal Code subject to the following conditions:
1. Petitioner Nos.2 and 3 shall mark their presence before the Investigating Officer on every Saturday of the week between 10.30 a.m. and 5.30 p.m. until a final report is filed.
2. Petitioner Nos.2 and 3 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety for the likesum to the satisfaction of the Trial Court.
3. Petitioner Nos.2 and 3 shall not tamper with the prosecution witnesses and shall cooperate with the Investigating Officer.
7. In so far as the petitioner No.1 is concerned, WhatsApp message would indicate a direct attribution to the petitioner No.1 and as investigation is still not completed and the
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charge sheet is yet to be filed, it is not proper at this stage to enlarge the petitioner No.1 on bail. 8. In that view of the matter, the petition filed by petitioner No.1 does not merit consideration for the present. Hence, the petition filed by petitioner No.1 is rejected. Registry to intimate the Jail authorities regarding the order of Bail granted to petitioner Nos.2 and 3.