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2020 DIGILAW 911 (KAR)

Ravi P. v. State Of Karnataka

2020-05-27

H.P.SANDESH

body2020
JUDGMENT 1. This petition is filed under Section 439 of Cr.P.C seeking regular bail of accused/petitioner in Crime No.200/2019 of R.M.C.Yard Police Station registered for the offences punishable under Sections 498-A, 304-B of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. The factual matrix of the case is that, the marriage of this petitioner was solemnized with the deceased Asha Rani on 11.08.2013. Subsequent to the said marriage, the deceased gave birth to two children and this petitioner subjected the deceased for mental, physical and dowry harassment. The deceased Asha Rani was working as Staff Nurse in People Tree Hospital, wherein, she took the treatment. The deceased died due to Hypoxic Ischemic Encephalopathy, which means 'Brain disorder due to lack of blood flow and lack of oxygen'. 3. The complainant in the complaint made an allegation that on perusal of the spot, it appears it was the murder and not indicates any attempt of suicide. Hence, after the death of the victim, a complaint was given that she was subjected to mental, physical and dowry harassment. Based on the complaint, police have registered a case. 4. Learned counsel appearing for the petitioner would contend that both the petitioner and his wife were happily residing in Bengaluru and there was no dispute or differences among them. In fact, they were planning to return back to their native place and they have shifted their place of resident temporarily to the address mentioned in the cause title. The deceased Asha Rani had taken a loan with Samasta Micro Finance Limited, Bengaluru on 28.08.2019 for the purpose of establishing the Dairy, which discloses that they intend to shift their residence to their native place. The deceased who was working as Nurse has committed the suicide and the victim was taken treatment in the hospital, in which, she was working. The cause of death mentioned in the Certificate as Hypoxic Ischemic Encephalopathy. There is no prima facie material to believe the case of the prosecution and this petitioner was arrested on 03.12.2019 and he has been in custody and a charge sheet has already been filed and there is no need of custodian trial to examine as to whether he was subjected the deceased for mental, physical and dowry harassment and the same has to be tested in trial. The victim statement also not recorded. The victim statement also not recorded. The petitioner is ready to obey the conditions that may be imposed by this Court. 5. Per contra, learned High Court Government Pleader appearing for the State would contend that the medical records clearly discloses that the cause of death due to Hypoxic Ischemic Encephalopathy and also the cause of death is mentioned as Acute Kidney Injury and the fact that both were residing together has not been in dispute. Hence, this is not a fit case to exercise the powers under Section 439 of Cr.P.C. 6. Having heard the arguments of learned counsel for the petitioner and also the learned High Court Government Pleader appearing for the State, this Court has to examine as to whether it is a fit case to exercise the powers under Section 439 of Cr.P.C. 7. Having taken note of the contents of the complaint, an attempt of suicide was made on 30.11.2019 at 3 p.m. and she passed away on 03.12.2019 and the complaint was given after the death. It is also contended that the family members of the deceased did not take her body to her native place and the family members of this petitioner only performed the cremation. It is also evident that, in the said wed-lock, the petitioner was having two children and the investigation has been completed and whether the petitioner was subjected the deceased for mental, physical and dowry harassment, the same has to be tested in trial. Having considered the factual aspects, there is no prior history of complaint of harassment and medical opinion are distinct in two certificates and the same are issued by the hospital in which she took treatment. 8. Having considered the gravity of the offences and also the allegations made in the complaint, I am of the opinion that it is a fit case to exercise the powers under Section 439 of Cr.P.C. subject to certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:- ORDER The Petition is allowed. 8. Having considered the gravity of the offences and also the allegations made in the complaint, I am of the opinion that it is a fit case to exercise the powers under Section 439 of Cr.P.C. subject to certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:- ORDER The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in connection with Crime No.200/2029 of R.M.C. Yard Police Station registered for the offences punishable under Sections 498-A, 304-B of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions: (i) The petitioner shall execute his personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. (iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause. (iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.