Karnataka High Court
Rajappa vs State Of Karnataka on 27 May, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.2673/2022
C/W
CRIMINAL PETITION NO.3093/2022
IN CRIMINAL PETITION NO.2673/2022:
BETWEEN:
1. RAJAPPA,
S/O MUNISWAMY,
AGED ABOUT 54 YEARS.
2. SMT. PADMA,
W/O RAJAPPA,
AGED ABOUT 50 YEARS.
3. SMT. ARUNA,
W/O RAJAPPA,
AGED ABOUT 49 YEARS.
ALL ARE R/A NO.778,
MADHUR NAGAR, 3RD STAGE
VARTHUR HOBLI,
BENGALURU 560078. ...PETITIONERS
(BY SRI HASMATH PASHA, SENIOR COUNSEL ALONG WITH
SRI S.T. BIKKANNAVAR, ADVOCATE)
AND:
STATE OF KARNATAKA,
WHITEFILED POLICE STATION,
BY SRI SHANTAMALLAPPA, ACP,
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WHITEFILED SUB DIVISION,
REP BY HIGH COURT GOVT. PLEADER,
BENGALURU 560001. ...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
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.38/2022 OF
WHITEFIELD P.S., BENGALURU CITY FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 304-B, 498-A READ WITH
SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF DP ACT 1961,
PENDING ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE BENGALURU RURAL.
IN CRIMINAL PETITION NO.3093/2022:
BETWEEN:
SRI RAJESH,
AGED ABOUT 29 YEARS,
S/O SRI RAJAPPA,
NO.778, MADHURANAGARA,
3RD STAGE, VARTHUR HOBLI,
BENGALURU 560078. ...PETITIONER
(BY SRI HASMATH PASHA, SENIOR COUNSEL ALONG WITH
SRI S.T. BIKKANNAVAR, ADVOCATE)
AND:
STATE OF KARNATAKA,
WHITEFIELD POLICE STATION,
BY SRI SHANTAMALLAPPA, ACP,
WHITEFIELD SUB-DIVISION,
REPTD BY HIGH COURT GOVT. PLEADER,
BENGALURU 560 001. ...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.38/2022 OF WHITEFILED P.S., BENGALURU CITY FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 304-B, 498-A
READ WITH SECTION 34 OF IPC AND SECTION 3 AND 4 OF DP
ACT 1961, PENDING ON THE FILE OF THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, BENGALURU RURAL.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Crl.P.No.2673/2022 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.38/2022 registered by Whitefield Police Station, Bengaluru City, for the offence punishable under Sections 304B, 498A read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
2. Crl.P.No.3093/2022 is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.38/2022 registered by Whitefield Police Station, Bengaluru City, for the offence punishable under Sections 304B, 498A read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
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4. The factual matrix of the case of the prosecution is that the victim and the husband of the victim (petitioner in Crl.P.No.3093/2022) both fell in love with each other and their marriage was performed at Dharmasthala and jeep was given in the marriage and when they repeatedly demanded money, an amount of Rs.8 lakhs was given for dance class and thereafter also they started to harass her and insisting for additional dowry. On 13.02.2022, the victim came to her parents house and complained about her husband that he used to consume alcohol and making galata and the petitioners also subjected her for harassment to get the additional dowry and she was complaining about the conduct of all the petitioners. She was consoled and again sent back on 15.02.2022 and on 17.02.2022, the father- in-law of the victim called and informed that she had committed suicide and hence the complaint is lodged making the allegation against these petitioners.
5. The learned counsel for the petitioners would submit that the petitioners in Crl.P.No.2673/2022 are staying in the ground floor and the victim and her husband are staying in the first floor, but they were sharing common kitchen. The learned counsel submits that the victim as well as her husband used to 5 consume alcohol and in the midnight she had committed suicide and she left the death note, wherein she has stated that she is only responsible for her death and not to pull anyone in this and she only took the decision to end her life and also said sorry to her parents and also to her husband and also says good bye to all. Even taking note of the contents of the death note also, it is clear that no one subjected her for any harassment and this complaint is filed afterthought. The learned counsel submits that viscera was collected and sent for examination and the doctor noted the smell of alcohol. Hence, the petitioners may be enlarged on bail.
6. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that in the complaint, very specific allegations are made against the petitioners. The petitioners are the in-laws, aunt of the husband and husband. The police have investigated the matter and filed the charge-sheet invoking Sections 304B, 498A read with 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
7. Having heard the respective learned counsel and looking into the contents of the complaint, no doubt, an 6 allegation is made subjecting her for dowry harassment and physical and mental harassment. The learned counsel for the petitioners brought to the notice of this Court the death note left by the victim herself while committing suicide. The prosecution also not disputes the document of death note (Annexure-C). On perusal of the death note, she has categorically stated that don't pull anyone in this and she only took the extreme step of committing the suicide and says sorry to her parents and husband and good bye to all. Having taken note of the material available on record, it is a fit case to exercise the discretion in favour of the petitioners subject to conditions.
8. In view of the discussions made above, I pass the following:
ORDER Crl.P.No.2673/2022 is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.38/2022 registered by Whitefield Police Station, Bengaluru City, for the offence punishable under Sections 304B, 498A read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions:7
(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.
(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.3093/2022 is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.38/2022 registered by Whitefield Police Station, Bengaluru City, for the offence punishable under Sections 304B, 498A read with 34 of IPC and Sections 3 and 4 of 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.8
(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.
Sd/-
JUDGE MD