Karnataka High Court
Suresha vs The State Of Karnataka on 4 November, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:44158
CRL.P No. 11102 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11102 OF 2024
BETWEEN:
SURESHA
S/O LATE SOMAIAH
AGED ABOUT 41 YEARS
HEGGARE VILLAGE, HOSADURGA
TALUK, CHITRADURGA DISTRICT
KARNATAKA - 577 527.
...PETITIONER
(BY SRI SYED UMMER, ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH SRIRAMPURA POLICE
STATION, CHITRADURGA DISTRICT
REPRESENTED BY STATE PUBLIC
PROSECUTOR, HIGH COURT COMPLEX
BENGALURU - 560 001.
Digitally
signed by ...RESPONDENT
NANDINI MS
Location: (BY SRI CHANNAPA ERAPPA, HCGP)
High Court of
Karnataka THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C
PRAYING TO ENLARGE ON BAIL IN CRIME NO.27/2024 AND
S.C.NO.116/2024 OF THE SRIRAMPURAM POLICE STATION FOR AN
OFFENCE P/US/ 3,4 OF DP ACT, AND SEC.323,149,504,498-
A,506,304-B OF IPC ACT WHICH IS PENDING BEFORE THE HONBLE
COURT OF 2nd ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
CHITRADURGA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
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NC: 2024:KHC:44158
CRL.P No. 11102 of 2024
ORAL ORDER
Accused No.1 in S.C.No.116/2024 pending before the Court of II Addl. District & Sessions Judge, Chitradurga arising out of Crime No.27/2024 registered by Srirampura Police Station, Chitradurga District for the offences punishable under Sections 323, 304B, 498A, 504, 506 R/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.27/2024 was registered by Srirampura Police Station, Chitradurga District against the petitioner and others for the aforesaid offences, on the basis of first information dated 08.02.2024 received from Sri. Rajappa W/o Mallappa, who is the father of deceased Tanuja, aged about 24 years. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 12.02.2024. Investigation in the case is complete and charge sheet has been filed against five -3- NC: 2024:KHC:44158 CRL.P No. 11102 of 2024 persons. The petitioner herein is arraigned as accused No.1 in the charge sheet filed for the aforesaid offences.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.116/2024 was dismissed on 12.09.2024. Therefore, he is before this Court.
5. Learned counsel appearing for the petitioner submits that deceased had left the company of the petitioner and she was residing in her parents house and had committed suicide in their house. The petitioner is a disabled man and both his legs have deformity due to polio. Even according to CW3 Hemavathi deceased had not made any allegation about demand for dowry by the accused persons. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition. He submits that death has occurred within seven years from the date of marriage. Therefore, there is a -4- NC: 2024:KHC:44158 CRL.P No. 11102 of 2024 presumption against the petitioner. Accordingly, he prays to dismiss the petition.
7. From a perusal of the material available on record it is seen that marriage of the deceased aged about 24 years was performed with the petitioner, who is a disabled man, aged about 41 years and from their wedlock, couple have a minor child. It appears that subsequently relationship between the couple was strained. Therefore, deceased had left the company of the petitioner and she had taken shelter in her parents' house and she was living in the said house along with her child. The deceased had committed suicide in her parents' house on 07.02.2024 by consuming some pesticide and she was shifted to hospital by CW3 and others. CW3 in her statement has stated that deceased had informed her that she was unable to bear the torture meted out by her husband and his relatives and therefore she had consumed pesticide. The deceased therefore had not made any allegation that accused persons had ill-treated or tortured -5- NC: 2024:KHC:44158 CRL.P No. 11102 of 2024 her in furtherance of their demand for payment of dowry. Investigation in the case is complete and charge sheet has been filed. The petitioner, who has no criminal antecedents, is in custody for the last more than eight months. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
8. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in S.C.No.116/2024 pending before the Court of II Addl. District & Sessions Judge, Chitradurga arising out of Crime No.27/2024 registered by Srirampura Police Station, Chitradurga District for the offences punishable under Sections 323, 304B, 498A, 504, 506 R/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One -6- NC: 2024:KHC:44158 CRL.P No. 11102 of 2024 Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
SD/-
(S VISHWAJITH SHETTY) JUDGE NMS