Karnataka High Court
K. Kaushik vs The State Of Karnataka By on 14 March, 2024
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
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NC: 2024:KHC:10531
CRL.P No. 1020 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 1020 OF 2024
BETWEEN:
K. KAUSHIK,
S/O. G. KUMAR,
AGED ABOUT 28 YEARS,
R/AT NO. 21,
4TH CROSS, SAIBABA NAGAR,
SRIRAMPURAM,
BANGALORE - 560 021,
AADHAR : 4963 3464 0417.
...PETITIONER
(BY SRI. GOPAL SINGH, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
Digitally signed SRIRAMPURA POLICE STATION,
by V KRISHNA
BANGALORE - 560 021,
Location: High
Court of REPRESENTED BY STATE PUBLIC PROSECUTOR,
Karnataka HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.172/2023 OF SRIRAMPURA P.S.,
BENGALURU FOR THE OFFENCE P/U/S.498-A,307 OF IPC AND
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NC: 2024:KHC:10531
CRL.P No. 1020 of 2024
SEC.3,4 OF DP ACT PENDING ON THE FILE OF THE XXXIX
ACMM BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 438 of Cr.P.C. seeking anticipatory bail in the event of his arrest in Srirampura Police Station in Crime No. 172/2023 registered for the offences punishable under Section 498A, 307 of IPC and Under Section 3 and 4 of Dowry Prohibition Act, 1961.
2. The brief factual matrix leading to the case are that three years earlier the petitioner was married with the complainant in Saraswathi Convention Hall and during the marriage, 160 grams of golden ornaments and 750 grams of silver articles were given as dowry in the marriage. It is further alleged that thereafter, petitioner started ill treating her demanding further gold and car. It is also alleged that he was having an illicit relationship with another lady since last six months. However, she did not -3- NC: 2024:KHC:10531 CRL.P No. 1020 of 2024 report this matter to any of the family members under the hope that petitioner would improve his conduct. It is alleged that on 24.12.2023, she found a photograph of women in his mobile along with a video and when she enquired, the petitioner did not respond. According to the prosecution on 29.12.2023, there was a birthday celebration of her daughter and at 4.00 p.m. after celebrations, her parents went to their home and her three sisters stayed with her. The allegations further runs that, the petitioner has offered a glass of Horlicks to complainant and she consumed it, under the presumption that with love and affection, the same was given to her. She further asserted that at about 5.30 p.m, she found head swirling and giddiness and later on she collapsed. However, the petitioner and her in-laws did not assist her and her sisters called her parents and she was shifted to Shivakumar Clinic at Cottonpet and from there she was shifted to Venlakh Hospital and wherein, she lodged a complaint alleging that there was an attempt on her life. On the basis of the complaint, the FIR came to be issued -4- NC: 2024:KHC:10531 CRL.P No. 1020 of 2024 and apprehending his arrest, the petitioner has approached the learned Sessions Judge seeking anticipatory bail and his bail petition came to be rejected. Hence, the petitioner is before this Court.
3. Heard learned counsel for the petitioner and learned High Court Government Pleader and perused the records.
4. The allegations of the prosecution disclose that the petitioner used to ill treat the complainant demanding additional gold and car and he was having illicit relationship which was within the knowledge of the complainant for last six months and but did not report the same to anybody. The allegations were that on 29.12.2023, the petitioner offered a glass of Horlicks to the complainant and when she consumed it, after half an hour, she felt head swirling and giddiness and collapsed and later on she was shifted to hospital. According to the prosecution, the petitioner and his parents did not assist in shifting the complainant to the hospital. -5-
NC: 2024:KHC:10531 CRL.P No. 1020 of 2024
5. As per the directions of the Court, learned High Court Government Pleader has produced the FSL report. The records disclose that after admitting to the hospital the stomach wash was taken. The stomach wash as well as blood sample taken was sent to FSL. The FSL report disclose that the traces of Paracetamol and Pantoprazole were traced in stomach wash, which is shown as Article 1.
6. The FSL report further discloses that no such chemical compounds were found in Article No.2, that is the blood sample. Admittedly, paracetamol is only a Analgesic and is not a life threatening drug. The investigating officer did not obtain the opinion regarding the pantoprazole as to for what purpose it is being used and if it has been used by a normal man, what would be the consequences.
7. Further the complaint allegations disclose that the Horlicks was consumed by the complainant around 5.00 p.m. and by 5.30 p.m, she felt head swirling and giddiness and collapsed. The hospital records disclose that she was admitted to the hospital around 9.30 p.m. and stomach wash was taken. The complaint allegations -6- NC: 2024:KHC:10531 CRL.P No. 1020 of 2024 further disclose that before shifting the complainant to Venlakh hospital, she was given the first aid treatment in Shivakumar Clinic, Cottonpet. But, what treatment was given in Shivakumar clinic is not at all forthcoming. Whether these drugs were administred in Shivakumar clinic is also not forthcoming. Even otherwise, the FSL report discloses that, these drugs which were found in stomach wash, were not found in the blood. The alleged consumption or administration is said to have taken place at 5.00 p.m. and stomach wash taken at 9.30 p.m., i.e., after nearly 4½ hours. Normally the digesting process will take place within four hours and in that period, if any chemical compound is administered, it is required to be absorbed in the blood. But, in the instant case, even after lapse of 4½ hours the chemical compounds were not traced in the blood, but they were only found in stomach wash.
8. Under such circumstances, considering these aspects it is hard to accept that the chemical compound was administered through Horlicks, which was consumed -7- NC: 2024:KHC:10531 CRL.P No. 1020 of 2024 by the complainant at 5 p.m. Hence, the allegations of attempt on life are not at all forthcoming. At this juncture no material evidences are placed to substantiate the said contention.
9. The other offence committed under Section 498(A) of IPC. The contention of the complainant itself disclose that she did not reveal the same to anybody and what is the reason is not at all explained. Considering these facts and circumstances, I do not find any impediment for admitting the petitioner on bail as nothing is required to be recovered from his custody. The other apprehensions raised by the learned High Court Government Pleader can be meted out by imposing certain conditions. Hence, petition needs to be allowed.
Accordingly, I proceed to pass the following:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on anticipatory bail in the event of his arrest in Crime No.172/2023 of Srirampura Police Station, registered for -8- NC: 2024:KHC:10531 CRL.P No. 1020 of 2024 the offences punishable under Section 498A, 307 IPC and Under Sections 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of 39th Additional CMM Court, Nrupatunga Road, Bangalore City, on his executing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the Investigating Officer or the concerned trial Court, subject to the following conditions:
(i) Petitioner shall surrender himself before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of surrender, Investigating Officer/SHO shall release him on bail as directed.
(ii) He shall not directly or indirectly tamper with any of the prosecution witnesses.
(iii) He shall not indulge in any similar offences.
(iv) He shall make himself available to the Investigating Officer for interrogation whenever called for during course of investigation.-9-
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(v) He shall mark his attendance before the Investigating Officer/SHO between 9.00 a.m. and 5.00 p.m. on every first Monday of the month till the final report is submitted.
Sd/-
JUDGE RAK List No.: 1 Sl No.: 24 CT:SNN