Karnataka High Court
M. V. Ravindra @ Ravi vs State By Sub Inspector Of Police on 30 June, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.5233/2022
C/W.
CRIMINAL PETITION NO.5221/2022
IN CRIMINAL PETITION NO.5233/2022:
BETWEEN:
1. SMT. CHINNAMMA,
W/O VENKATARAMANAPPA,
AGED ABOUT 65 YEARS.
2. M.V. BHASKER,
S/O VENKATARAMANAPPA,
AGED ABOUT 32 YEARS.
BOTH ARE R/O DIGUVAMANDYALA,
VILLAGE, ROYALPAD HOBLI,
SRINIVASAPUR TALUK,
KOLAR-563 135. ... PETITIONERS
(BY SRI SHANKARAPPA, ADVOCATE)
AND:
STATE BY SUB-INSPECTOR OF POLICE,
RAYALPAD POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING ,
BENGALURU-01. ... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN
THE EVENT OF THEIR ARREST IN CR.NO.05/2022
(C.C.NO.203/2022) OF RAYALPAD P.S., KOLAR FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 304B, 498A, 306
READ WITH SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF
D.P. ACT.
IN CRIMINAL PETITION NO.5221/2022:
BETWEEN:
M.V. RAVINDRA @ RAVI,
S/O VENKATARAVANAPPA,
AGED ABOUT 34 YEARS,
R/O DIGUVAMANDYALA VILLAGE,
ROYALPAD HOBLI,
SRINIVASAPUR TALUK,
KOLAR-563135. ... PETITIONER
(BY SRI SHANKARAPPA, ADVOCATE)
AND:
STATE BY SUB-INSPECTOR OF POLICE,
RAYALPAD POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING ,
BENGALURU-01. ... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
C.C.NO.370/2022 (CR.NO.5/2022) OF RAYALPAD P.S., KOLAR
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A,
304B, 306 READ WITH SECTION 34 OF IPC AND SECTIONS 3
AND 4 OF D.P ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Crl.P.No.5233/2022 is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioners on bail in the event of their arrest in respect of Crime No.5/2022 (C.C.No.203/2022) registered by Rayalpad Police Station, Kolar, for the offences punishable under Sections 304B, 498A, 306 read with 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. Crl.P.No.5221/2022 is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.5/2022 (C.C.No.370/2022) of Rayalpad Police Station, Kolar, for the offences punishable under Sections 304B, 498A, 306 read with 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
4. The factual matrix of the case of the prosecution is that the victim's marriage was solemnized with the petitioner in Crl.P.No.5221/2022 on 13.05.2015, and thereafter she has joined the matrimonial home. It is also an allegation that they looked after her very well for one or two years and she gave 4 birth to two daughters and thereafter accused Nos.1 to 4 subjected her for both mental and physical harassment. It is also an allegation that when she was sent to her parental house to bring money and gold, some of the gold ornaments were provided to both the children. Inspite of that, they have continued the harassment. C.W.1 to C.W.8 have done the panchayat and advised accused Nos.1 to 4 and after the panchayat, left her in the matrimonial home and again they continued the harassment and instigated her to commit the suicide. It is also an allegation in the charge-sheet that in 2020, her gold ornaments were pledged in Canara Bank and availed an amount of Rs.1,15,000/- as agricultural loan and they did not get it released. That on 03.01.2022, she has requested accused No.2 to get released the gold ornaments and accused Nos.1 to 3 refused to get it released and instead of abated her to go and die along with children. On 04.01.2022, C.W.1 and C.W.2 went and advised accused Nos.1 to 4 in this regard and on the same day at 8.00 p.m., accused Nos.1 to 4 quarreled with the victim and again instigated her to go and die and also they told that they are not going to get released the gold ornaments. 5 Hence, on 05.01.2022, the victim went along with her daughter and jumped in the Check Dam and committed suicide.
5. The learned counsel for the petitioners would submit that no specific allegation is made in the complaint with regard to dowry harassment and only allegation is made that she was subjected to harassment and all the accused persons have pledged her gold ornaments and the same is not released. When she insisted, they refused to get released the gold ornaments and hence she took the extreme step of committing suicide. The learned counsel submits that no specific overt-act allegation is made against accused Nos.1 to 4 and only omnibus allegation is made in the complaint. The learned counsel submits that accused Nos.3 and 4 are mother-in-law and brother-in-law of the victim and no petition is filed on behalf of accused No.2 and the petitioner in Crl.P.No.5221/2022 is the husband and no specific allegation is made against the husband also and hence the petitioners may be enlarged on bail. The learned counsel submits that the husband is in custody from the date of arrest and no need of further custodial trial. 6
6. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that specific allegation is made that in the year 2020, by pledging gold ornaments belonging to the victim, an amount of Rs.1,15,300/- was availed as loan from Canara Bank and the same was not got released. When she insisted, she was subjected to harassment and also abated her to take the extreme step of committing the suicide.
7. Having heard the respective learned counsel and also on perusal of the material available on record, it discloses that the marriage of the victim was solemnized in 2015 and the petitioners also not disputes the fact that her gold ornaments were pledged in the Bank. But throughout, an allegation is made that gold ornaments were pledged and inspite of repeated request, the same was not got released and instead of abused her in a filthy language and abated her. It is also the case of the prosecution that panchayat was also held and C.W.1 to C.W.8 participated in the panchayat and the victim was sent to matrimonial home after the panchayat. An allegation is made that C.W.1 and C.W.2 on the date of the incident went to the house of accused Nos.1 to 4 and advised and inspite of it, they 7 quarreled with the victim on the previous day of the incident and hence she took the extreme step of committing suicide. On perusal of the contents of the complaint, no specific allegation is made against accused Nos.3 and 4, who are the petitioners in Crl.P.No.5233/2022 and an omnibus allegation is made against the petitioners. In the charge-sheet, specific allegation is made that accused No.2 being the father-in-law of the victim, he did not make any efforts to get released the gold ornaments, which were kept in the Bank. When such being the material available on record, it is a fit case to exercise the powers under Section 438 of Cr.P.C. to enlarge the petitioners/accused Nos.3 and 4 on bail in Crl.P.No.5233/2022.
8. In respect of the petitioner in Crl.P.No.5221/2022 in concerned also, there is no dispute with regard to that no specific allegation is made against the husband, but general allegation is made that accused Nos.1 to 4 have pledged the gold ornaments and not released the same and only general omnibus allegation is made that she was subjected to harassment. The petitioner is in custody from the month of January 2022 and when the investigation has been completed, whether she was subjected to harassment and also whether it 8 amounts to abatement by abusing her to go and die, the matter has to be considered during the course of trial. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C. in favour of the petitioner in Crl.P.No.5221/2022 also.
9. In view of the discussions made above, I pass the following:
ORDER Crl.P.No.5233/2022 is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.5/2022 (C.C.No.203/2022) registered by Rayalpad Police Station, Kolar, for the offences punishable under Sections 304B, 498A, 306 read with 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, subject to the following conditions:
(i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the like-
sum to the satisfaction of the concerned Investigating Officer.
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(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.
Crl.P.No.5221/2022 is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.5/2022 (C.C.No.370/2022) of Rayalpad Police Station, Kolar, for the offences punishable under Sections 304B, 498A, 306 read with 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two 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 appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.10
(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.
Sd/-
JUDGE MD