Immanuel v. State of Karnataka Represented by Addl. State Public Prosecutor
2020-01-08
H.B.PRABHAKARA SASTRY
body2020
DigiLaw.ai
ORDER : 1. The Accused 1 in Crime No. 46/2019 has filed this petition under S. 439 of the Code of Criminal Procedure seeking his enlargement on bail for the offences punishable under Ss. 498-A and 304-B read with S. 34 of the Penal Code, 1860. 2. The petitioner is the husband of deceased Kristakumari @ Rina. The complainant is the elder sister of the deceased who has alleged in her complaint that her deceased sister was being subjected to cruelty in her matrimonial home by her husband and other inmates of her home on the ground that she did not bring any dowry at the time of marriage and that she could not get any children for about six years after her marriage. The complainant also appears to have stated that the deceased was meted out to the cruelty in her matrimonial home by these people. That being the case, on 16-6-2019 in the afternoon at about 2.00 p.m. the deceased after telephoning to her mother expressing her intention to put an end to her life, committed suicide by hanging herself. The complainant - Police have filed the charge sheet against the present petitioner and other accused for the offences punishable under Ss. 498-A and 304-B read with S. 34 of the Penal Code, 1860 (hereinafter for brevity referred to as “IPC”) and under S. 4 of the Dowry Prohibition Act, 1961. 3. The learned counsel for the petitioner submits that the petitioner is a priest in a church and he was leading a satisfied married life with his wife. At the time of the incident, he was away from home and it is after knowing about the incident, he rushed to home and saw the dead body of his wife. The learned counsel also submitted that there are no material collected by the Investigating Officer to prove the alleged guilt against the accused/petitioner except the fact that the deceased died in her matrimonial home that itself is not sufficient to attract S. 304-B of IPC. 4. Per contra, learned High Court Government Pleader who has filed statement of objection to the petition contended that admittedly the death of the deceased has occurred within seven years of her marriage. The complaint itself reveals that the deceased was subjected to cruelty not only by the present petitioner, but, also by other inmates in her matrimonial home.
4. Per contra, learned High Court Government Pleader who has filed statement of objection to the petition contended that admittedly the death of the deceased has occurred within seven years of her marriage. The complaint itself reveals that the deceased was subjected to cruelty not only by the present petitioner, but, also by other inmates in her matrimonial home. Thus, the Investigating Officer after collecting sufficient evidence against the accused, has filed the charge sheet. 5. A reading of the materials placed before the Court at this stage and prima facie would go to show that even though the deceased is said to have breath her last in her matrimonial home on 16-6-2019, but, the very same complaint would go to show that the deceased has disclosed her intention to commit suicide to her mother which is prior to the incident. It also cannot be ignored that nowhere in the complaint the complainant has alleged that any of the accused were instigating the deceased to commit suicide. Even in the charge sheet also, it appears to have been not specifically stated as to from whose provocation and instigation the alleged suicide of the deceased has taken place. In such circumstances, the alleged demand for dowry and the alleged cruelty said to have meted to the deceased in her matrimonial home would be the subject matter of trial. 6. In such scenario, considering the fact that the investigation has already been completed and charge sheet has been filed, I am of the view that by imposing certain conditions the petitioner be enlarged on bail. Accordingly, I proceed to pass the following: ORDER 7. The petition is allowed. The petitioner be enlarged on bail in CC No. 1820/2019 pending on the file II Addl. Civil Judge and JMFC, at Bidar, arising out of Crime No. 46/2019 of Bagdal Police Station, Bidar District, subject to the following conditions: (i) That the petitioner shall execute a personal bond for a sum of Rs 50,000 with two solvent sureties for the likesum to the satisfaction of the enlarging court. (ii) The petitioner to give in writing about the change in his address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard. (iii) He shall appear before the Court on all the dates of hearing.
(ii) The petitioner to give in writing about the change in his address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard. (iii) He shall appear before the Court on all the dates of hearing. (iv) He shall not hamper or tamper the prosecution witnesses and documents in any manner.