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Karnataka High Court · body

2019 DIGILAW 730 (KAR)

Renukaprasad S/o G. N. Rajanna v. State by Women Police Tumakuru

2019-03-26

B.A.PATIL

body2019
ORDER : The present petition has been filed by the petitioner/ accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.123/2018 of Women Police Station, Tumakuru, for the offences punishable under Sections 498A, 304B r/w Section 34 of Indian Penal Code. 2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. 3. The gist of the complaint is that the daughter of the complainant Lavanya was given in marriage to accused No.1 on 03/04.05.2018. At the time of performing the marriage some gold ornaments, two wheeler vehicle and dowry was paid and for sometime her daughter stayed happily and thereafter her daughter called the complainant over the phone and informed that in-laws are ill-treating and harassing for demand of Rs.5,00,000/- as additional dowry. An amount of Rs.1,00,000/- has bee paid through her daughter, subsequently again the accused continued the physical ill-treatment and harassment and the same was also informed by the deceased to the complainant. The complainant advised to take care, they will come and pacify the things. They went and pacify the things, but again on 15.12.2018 her daughter called and informed that the accused persons are subjected her to physical and mental cruelty and again forcing her to bring Rs.5,00,000/-and on the same day at about 12.00 A.M. accused No.1 called the complainant and informed that her daughter died by committing suicide. They went to the house of the in-laws and by verifying, they came to know that her daughter has committed suicide by hanging because of the ill-treatment and harassment caused by the accused for demand of dowry. On the basis of the complaint, a case has been registered. 4. It is the contention of the learned counsel for the petitioner that already charge sheet has been filed and petitioner/accused is not required for the purpose of further investigation or interrogation. He further submitted by referring to the post mortem report there were no external injuries found over the body of the deceased so as to indicate the fact that the accused persons have ill-treated and harassed both physically and mentally. He further submitted that the post mortem report clearly shows that the death is due to Asphyxia as a result of hanging. He further submitted that the post mortem report clearly shows that the death is due to Asphyxia as a result of hanging. He further submitted that the contents of the complaint and other material though disclosed any allegations as against all the accused persons, there is no other material to specifically alleged as against the petitioner/accused No.1. He further submitted that subsequently during the course of investigation, the Investigating Officer has recorded the statement of one Ravikumar R. who is also Constable and in his statement he has stated that he was in contact with the deceased and about 1½ years’ back she informed that she is loving him and when she asked in her parents house about the marriage with the said Ravikumar, because of the difference of castes they are not going to agree and as such she informed not to come to the house for marriage negotiations and she also informed to choose another girl and marry and thereafter she has sent the marriage invitation card through Watsapp and thereafter he never used to receive the phone calls. He further submitted that she used to call and asked him to take her from her matrimonial home and he never used to receive the call and even she tried to make a video call and used to tell that at-least she wants to see him. He never pick the call and in that light she committed suicide only because he has not interested to continue the matrimonial relationship with accused No.1. It is not because of ill-treatment and harassment caused by the petitioner/accused. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail. 5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is ample material to show that the petitioner/accused along with other accused persons ill-treated and harassed the deceased and she committed suicide by hanging in matrimonial home. That itself clearly goes to show that it is a dowry death. He further submitted that the petitioner/accused is the main accused who used o demand dowry and has ill-treated and harassed the petitioner. On these grounds he prayed to dismiss the petition. 6. That itself clearly goes to show that it is a dowry death. He further submitted that the petitioner/accused is the main accused who used o demand dowry and has ill-treated and harassed the petitioner. On these grounds he prayed to dismiss the petition. 6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records. 7. On close reading of the contents of the complaint and other materials it indicates that similar allegations have been made as against the petitioner/accused and the remaining accused. Already accused Nos.2 and 3 have been released on anticipatory bail in Crl.Misc.No.1250/2018 by order dated 29.12.2018. Already charge sheet has been filed and the petitioner/accused No.1 is not required for further investigation or interrogation. Even as could been from the statement of one Ravikumar which has been recorded under Section 164 of Cr.P.C. it indicates that the deceased was having love affair with the said witness and even they were intending to marry and even after the marriage she was in contact with the said witness and she also used to expressed that she is not willing to stay in the house of in-laws and under the said circumstances she committed suicide cannot be over-ruled. Taking into consideration the above suspicious circumstances I feel that the petitioner/accused if he is released on bail, it is going to meet the ends of justice. 8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.1 is ordered to be released on bail in Crime No.123/2018 of Women police station, Tumakuru, for the offences punishable under Sections 498A, 304B r/w Section 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 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 sureties for the likesum to the satisfaction of the trial Court. (ii) He shall not tamper with the prosecution evidence directly or indirectly. (iii) He shall mark his attendance in the jurisdictional police on 1st of every month between 10.00 A.M. and 5.00 P.M. till the trial is concluded. (iv) He shall not leave the jurisdiction of the Court without prior permission of the Court.