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2017 DIGILAW 536 (KAR)

Shivalingayya S/o Shivanand Bali v. State of Karnataka, Through Mahila P. S. Kalaburagi

2017-03-03

B.A.PATIL

body2017
ORDER : This petition is filed by petitioner-accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.34/2016 of Mahila Police Station, Kalaburagi for the offences punishable under Sections 498-A, 302, 304-B r/w Sec. 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. 2. Brief facts leading to filing of the complaint are that, the marriage of the deceased with accused No.1 was performed about two and half years prior to the date of incident. The deceased led happy marital life with petitioner only for two months after marriage, thereafter the accused persons started ill-treating her by stating that she is not knowing how to work in the house, she is not preparing food properly and she does not know about anything. It is also alleged in the complaint that accused No.1 was assaulting her even then, the deceased was tolerating all these harassment. One week earlier to the alleged incident, the deceased phoned to her parents and informed that her husband and his family members were insisting her to bring Rs.2,00,000/- cash and three tola-gold, as they have already spent money to perform the marriage of sister of accused No.1. It is also alleged in the complaint that accused No.1 also insisted that if they are not having the amount, then they can mortgage their property and arrange for the said amount. On 13-5-2016 when the complainant was at Srinivas Saradagi Village at about 12:00 noon, a phone message was received, informing that his daughter poured kerosene and lit fire to herself. Immediately, the complainant and his wife rushed to the Govt. Hospital at Kalaburagi and saw that their daughter expired. On the basis of the said complaint, a case has been registered for the offences alleged above. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State. 4. The learned counsel appearing for the petitioner submitted that as the other accused persons who have been alleged with similar allegations have been already released on bail, the accused petitioner is also entitled for bail on the ground of parity. He has further contended that the only allegation made against the accused-petitioner is that he used to demand the dowry, but there are no serious overt acts on the part of the accused-petitioner. He has further contended that the only allegation made against the accused-petitioner is that he used to demand the dowry, but there are no serious overt acts on the part of the accused-petitioner. He has further contended that already investigation is completed and the charge sheet has been filed therefore, petitioner is no more required for the purpose of further interrogation and investigation. He has further contended that petitioner is ready to abide by the conditions to be imposed by this Court and ready to offer the sureties. 5. Per contra, learned High Court Government Pleader appearing for the respondent-State made the submission that the material goes to show that one week prior to the incident, the brother of the deceased went to the place of deceased before whom the deceased told about the ill-treatment and harassment made to her for demand of dowry. He further submitted that there is direct evidence to show that the accused petitioner used to ill-treat and harass the deceased and because of the same the deceased poured the kerosene and lit ablaze and thereby succumbed to the burn injuries. There is prima facie material to show that the accused is involved in a heinous offence causing the death of the deceased. On these grounds, he prayed for dismissal of the petition. 6. I have perused the grounds urged in the bail petition and gone through the copy of the FIR, complaint and other material produced along with the petition. 7. Looking to the complaint averments that even though there is allegation against accused No.1 to show that he used to assault the deceased and was insisting to bring an amount of Rs.2,00,000/- from her parents by mortgaging the properties belonging to her parents, but, on similar consideration, the other accused persons have been released on bail by this Court in Crl.P.No.200865/2016. Even though, the allegation is serious against accused No.1 as that he being the husband he might have directly involved in the alleged incident, but, when already the investigation has been completed and charge sheet has been filed and the co-accused have been released on bail, under such circumstances, I feel that by imposing some stringent conditions, if the accused-petitioner is enlarged on bail, it is going to meet the ends of justice. Accordingly, the petition is allowed and petitioner-accused is ordered to be released on bail, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall not indulge in tampering the prosecution witnesses; (iii) The petitioner shall make himself available to the Investigating Officer as and when required; (iv) The petitioner shall appear before the Trial Court regularly on all the dates of hearing without fail. (v) The petitioner shall not leave the jurisdiction of the concerned Court without its prior permission.