Karnataka High Court
Baburao@ Babu vs The State Through on 10 April, 2019
Author: K.Somashekar
Bench: K. Somashekar
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF APRIL 2019
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRIMINAL PETITION NO.200433/2019
BETWEEN:
BABURAO @ BABU
S/O LATE GIRIMALAPPA JALAHALLI
AGE: 35 YEARS
OCC: AGRICULTURE
R/O KAMALAPUR
TQ. & DIST. KALABURAGI - 585 313
... PETITIONER
(BY SRI SHYAM SUNDAR, ADVOCATE FOR
SRI AVINASH A. UPLOANKAR, ADVOCATE)
AND:
THE STATE THROUGH
KAMALAPUR POLICE STATION
DIST. KALABURAGI
NOW REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 107
... RESPONDENT
(BY SRI MALLIKARJUN SAHUKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., PRAYING TO RELEASE THE PETITIONER
ON BAIL IN CRIME NO.85/2018 (C.C.NO.6255/2018) OF
KAMALAPUR POLICE STATION, DIST. KALABURAGI, FOR
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THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A),
304(B), 302 R/W SECTION 34 OF IPC AND SECTIONS 3
AND 4 OF DOWRY PROHIBITION ACT, PENDING BEFORE
THE I-ADDL. JMFC, KALABURAGI.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This criminal petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking to grant bail in Crime No.85/2018 of Kamalapur Police Station, for the alleged offences punishable under Sections 498(A), 302, 304(B) R/w Section 34 of IPC, besides Sections 3 and 4 of Dowry Prohibition Act.
2. Factual matrix of the petition are as under:
It is transpired in the complaint that, the complainant's daughter namely, Pushpa was given in marriage to the petitioner and their marriage was performed on 06.07.2018 at Kamalapur as per the customs prevailed in their society. During her 3 marriage, her parents had given a dowry in terms of cash of Rs.1,11,000/- and 9 tolas of gold and also household articles worth Rs.10.00 lakhs. Subsequent to her marriage, she had been to her matrimonial home to lead the marital life. While she was residing in her husband's house, she has been subjected to physical as well as mental harassment in the hands of the accused by insisting her to bring additional dowry in terms of cash of Rs.3,00,000/- from her parents house. The same has been informed by her to her parents. Even though her parents had advised to the accused, said to be her husband, the physical as well as mental harassment has been continued. It is further alleged that, on 31.08.2018 at about 9.00 a.m., she committed suicide by hanging herself to a fan in the house of her husband. The deceased Pushpa was taken to the hospital with a hope that she might have been survive, but while she was taken to the hospital, she has been declared as dead. The deceased Pushpa had written a 4 death note, which reveals that the petitioner was looking after her well and also she has not filed any complaint against her husband. It further reveals that the entire case of the prosecution is revolving around circumstantial evidence. The mother of the accused Baburao @ Babu had also given physical as well as mental harassment to the deceased and because of that reason, the deceased committed suicide by hanging on the aforesaid date in the house of her husband. In pursuance of the act of the accused, on filing of a complaint by the complainant, a case in Crime No.85/2018 came to be registered for the aforesaid offences. Subsequently, the case has been taken up for investigation by the Investigating Officer and after completion of investigation, he has laid the charge sheet against the accused on the allegation that the accused had given physical as well as the mental harassment to the deceased by insisting her to bring additional dowry in terms of cash of Rs.3,00,000/- which is remaining to 5 be fulfilled by her parents and also caused her death within a span of seven years from the date of her marriage.
3. Heard the learned counsel for the petitioner as well as the learned High Court Government Pleader for the respondent-State.
4. Learned counsel for the petitioner during the course of arguments has contended that the petitioner is innocent person and he has not at all committed the alleged offence and he has not caused the death of the deceased Pushpa, who committed the suicide by hanging in the house of her husband, but the police have lugged him in the alleged crime for the alleged offences including Section 302 of IPC. There is no specific role made by the petitioner in causing the death of the deceased. The death note, which has got written by the deceased and lying in the scene of crime reveals the fact that the petitioner is her husband and he is 6 looking after well and she does not made any complaint against her husband. The said death note has been seized by the Investigating Officer during the course of investigation. It is further contended that there is neither eyewitness to the incident nor any circumstantial witness to the case of the prosecution relating to the death of Pushapa, as she had committed suicide by hanging in the house of her husband. Merely because the charge sheet has been laid against the accused, it cannot be said that there shall be some overt-act attributed against the petitioner insofar as offence punishable under Section 302 of IPC or the offence punishable under Section 304(B) of IPC is concerned, as these offences have been lugged in the alleged crime and also the charge sheet laid against the accused. Apart from that, it is alleged that the accused had given physical as well as mental harassment to the deceased and led her to commit suicide by hanging. It is further contended that there is no criminal 7 background of the petitioner and he is not involved in any other cases. As he being a husband of the deceased Pushpa, subsequent to her marriage, he had looked after very well and the same has been indicated in the death note written by the deceased Pushpa, which was lying in the scene of crime and the same has been seized by the Investigating Officer during the course of investigation and the said death note is also placed in the charge sheet laid by the Investigating Officer against the accused. The petitioner is in judicial custody since from the date of his arrest. In the entire averments made in the complaint also, there is no specific overt act attributed against the petitioner in causing the death of the deceased, who committed suicide by hanging in the house of her husband, nor the ingredients of Section 302 of IPC as well as the other offences have been proved against the accused. Lastly, the learned counsel submits that the Investigating Officer has already investigated the case thoroughly and also secured 8 several documents in order to lay the charge sheet against the accused. Therefore, the accused do not require to the investigating agency in further. If the petitioner is kept behind the bar for a longer period, his family members would be ruined in the society. The petitioner is the permanent abode of Kamalapur. He hails from a respectable family and also having respect in the eye of society and moreover, he is ready to abide by any conditions to be imposed by this Court while granting bail to him. On these grounds, the learned counsel for the petitioner prays for enlarging the petitioner on bail.
5. Per contra, the learned High Court Government Pleader appearing for the respondent-State has taken me through the averments made in the complaint in detail relating to the death of the deceased Pushpa and submitted that one Ashok, who is none other than the father of the deceased had given a 9 complaint before the respondent-police narrating in detail about the cause of death of the deceased Pushpa in her husband's house. The marriage of the deceased was performed with the petitioner on 06.07.2018 as per the customs prevailed in their society. During her marriage, her parents had given dowry in terms of cash of Rs.1,11,000/-, so also 9 tolas of gold as well as household articles. While she had been to her husband's house to lead the marital life, she has been subjected to physical as well as mental harassment in the hands of her husband and also her mother-in-law namely, Kamalabai. Because of the physical as well as mental harassment meted out by the accused by insisting her to bring additional dowry from her parents house, she had committed suicide by hanging. The same has been revealed in the complaint as well as in the materials secured by the Investigating Officer during the course of investigation. In the complaint, it is specifically reveals that the deceased Pushpa had come 10 to her parents' house during Rakhi festival. At that time, she had been appraised to her father with regard to the physical as well as mental harassment meted out to her by her husband and her mother-in-law in order to bring Rs.3,00,000/- which is remaining to be fulfilled by her father. Subsequent to registration of the crime against the accused, the Investigating Officer has investigated the case thoroughly and laid the charge sheet against the accused based upon the materials secured by him during the course of investigation, inclusive of the death note written by the deceased Pushpa, wherein she has been narrated in writing with regard to how she led the life in her husband's house consisting her mother-in-law, sister-in-law and brother- in-law and how she has been subjected to physical as well as mental harassment in the hands of her husband and in-laws. These are all the materials find place in the charge sheet laid by the Investigating Officer against the accused. The death has occurred within a span of 11 seven years from the date of her marriage. Therefore, the learned High Court Government Pleader submits that if the petitioner is released on bail, certainly, there shall be an adverse impact on the society. These are all the contentions taken by the learned High Court Government Pleader, seeking for dismissal of the bail petition.
6. Having regard to the contentions of the learned counsel for the petitioner and the learned High Court Government Pleader for the State are concerned, it is relevant to state that the case in Crime No.85/2018 came to be registered against the husband of the deceased Baburao @ Babu, his mother, so also his sister and her husband and also the brother-in-law of the deceased for the offences punishable under Sections 498(A), 302, 304(B) R/w Section 34 of IPC, besides Sections 3 and 4 of Dowry Prohibition Act, on filing of a complaint by the complainant-Ashok, who is none other 12 than the father of deceased Pushpa, but the charge sheet has been laid only against the husband of the deceased namely, Baburao @ Babu and mother-in-law of the deceased namely, Kamalabai. The incident was taken place in the house of husband of the deceased on 31.08.2018 around 12.30 p.m., wherein the deceased had committed suicide by hanging herself to a fan with means of veil in her bedroom, as the accused Baburao @ Babu as well as her mother-in-law said to have given physical as well as mental harassment and also insisted her to bring the additional dowry in terms of cash of Rs.3,00,000/- from her parents house. The same has been reflected in the charge sheet laid by the Investigating Officer against the accused. It is relevant to state that the dead body has been sent to the Government Hospital, Kalaburagi, wherein the doctor has conducted autopsy over the dead body and opined that in the post mortem report cause of death is clearly mentioned as "death is due to asphyxia as a result of 13 constriction of neck by a ligature". Opinion whether the victim hanged herself or someone else had hanged her cannot be opinioned on post mortem findings. However, the circumstantial evidences and other investigating findings may be taken into consideration for the same. However, the charge sheet has been laid against the accused which consisting the statement of witnesses, the inquest held over the dead body of the deceased in the presence of panch witnesses and also the statement of relatives of the deceased, so also the spot mahazar conducted in the present of the panch witnesses. These are all the materials find place in the charge sheet laid by the Investigating Officer against the accused. However, it is relevant to state that the materials secured by the Investigating Officer during the course of investigation are the enough materials to lay the charge sheet against the accused, but at the same time, it is relevant to state that the said materials secured by the Investigating Officer are not enough materials to decline 14 the relief of bail as sought for by the petitioner. Therefore, it is said that at this stage, it does not require any detail discussion while considering the bail petition filed by the petitioner, as there are substances in the contentions of the learned counsel for the petitioner, seeking for bail. However, the learned High Court Government Pleader submitted that if the petitioner is released on bail, certainly, he would come in the way of prosecution case and would destroy the evidence. This apprehension could be curtailed by imposing suitable conditions to safeguard the interest of the prosecution.
7. Therefore, for the aforesaid reasons, as well as under the facts and circumstances of the case, I am of the considered opinion that the petitioner/accused No.1 is deserving for bail. Accordingly, I proceed to pass the following:
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ORDER The bail petition filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., is hereby allowed subject to the following conditions.
1. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court where the case in C.C.No.6255/2018 arising out of Crime No.85/2018 of Kamalapur Police Station is pending;
2. The petitioner shall not hamper the investigation or tamper the prosecution witnesses.
3. The petitioner shall not indulge in any criminal activities henceforth.
4. The petitioner shall not leave the jurisdiction of Kalaburagi District without prior permission of the competent Court of law;16
5. The petitioner shall appear before the Court of law on all the dates of hearing without fail.
If the petitioner violates any of these conditions, the bail granted to him shall automatically stand cancelled.
SD/-
JUDGE LG