Research › Search › Judgment

Karnataka High Court · body

2016 DIGILAW 506 (KAR)

DODDAKKA @ DEVAKKA v. STATE OF KARNATAKA

2016-07-01

A.N.VENUGOPALA GOWDA

body2016
ORDER : A.N. VENUGOPALA GOWDA, J. 1. This petition was filed seeking enlargement of the petitioners on bail in Crime No. 161/2015 registered by Lokapur Police. 2. A complaint having been filed by one Chennappa Siddappa Kattikar of Chirlakoppa Village, the Lokapur Police registered case in Crime No. 161/2015 for the offences punishable under Sections 302, 304B, 498A and 109 read with Section 34 of IPC and arrested the petitioners' son Laxman Karlyappa Dhanagar on 04.11.2015. The petitioners - mother in law and father in law respectively of deceased Shilpa were arrested on 20.01.2016. Investigation having been completed, charge-sheet was filed on 21.01.2016 for the offences punishable under Sections 302, 304B, 498A and 109 read with Section 34 of IPC and Section 4 of Dowry Prohibition Act, 1961. 3. Crl. Misc.85/2016 filed in the Court of I Addl. Dist. & Sessions Judge, Bagalkot, sitting at Jamakhandi was dismissed on 04.04.2016, on the ground that the offence alleged against the petitioners is heinous and bail application moved earlier was rejected and if the petitioners are released, there is chance that they may put hurdle by threatening the prosecution witnesses, to escape from the clutches of justice and that they may flee from jurisdiction which may cause delay in disposal of the proceedings. 4. Heard the learned advocate for the petitioners and the learned HCGP for the respondent. 5. The petitioners are aged 65 years and 75 years respectively. They are agriculturists and permanent residents of Dommana Budni Village, Mudhol Taluk. Charge-sheet has been submitted and the case is yet to be committed by the learned Magistrate to the Court of Sessions. 6. The charge-sheet materials do not show the presence of the petitioners at the scene of occurrence. There is no material on the basis of which it can prima facie be held that the petitioners are the cause for the unnatural death of Shilpa. It is unlikely that the petitioners who are senior citizens having made any demand for dowry or having instigated their son to cause harassment to deceased Shilpa for bringing dowry. 7. Since the charge-sheet has been filed and the presence of the petitioners for interrogation is unnecessary, in view of the fact that they are senior citizens and have ailments, con be released on bail, by subjecting them to stringent conditions. 7. Since the charge-sheet has been filed and the presence of the petitioners for interrogation is unnecessary, in view of the fact that they are senior citizens and have ailments, con be released on bail, by subjecting them to stringent conditions. In the result, the petition is allowed and the petitioners are enlarged on bail subject to the fulfilment of the following conditions. (i) The petitioners/accused shall furnish personal bond(s) of Rs. 1,00,000/- each and furnish two local sureties for the same amount to the satisfaction of the learned Magistrate. (ii) The petitioners/accused should furnish their permanent residential address within a period of one week to the I.O. (iii) The petitioners/accused should appear in the Trial Court on all the dates of hearing and extend co-operation for conducting early trial of the case. (iv) The petitioners/accused shall not tamper with any of the prosecution witnesses/evidence in any manner. (v) The petitioners/accused shall not leave the jurisdiction of the concerned Court without its prior permission. (vi) It any of the above conditions are violated, it is open lo the respondent to seek cancellation of bail.