Karnataka High Court
Santhosha vs State Of Karnataka on 7 February, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.9719/2021
BETWEEN:
SANTHOSHA,
S/O SATHYANARAYANA,
AGED ABOUT 28 YEARS,
R/O TEGUR VILLAGE,
RAMPURA POST,
CHIKKAMAGALURU TALUK- 577101. ...PETITIONER
(BY SRI AJAY PRABHU, ADVOCATE FOR
SACHIN B.S., ADVOCATE)
AND:
STATE OF KARNATAKA
BY WOMEN POLICE,
CHIKKMAGALURU - 577101.
REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560001. ...RESPONDENT
(BY SRI VINAYAKA V.S., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.108/2021 OF CHIKKAMAGALURU WOMEN P.S.,
CHIKKAMAGALURU DISTRICT FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 304B, 498A OF IPC AND SECTIONS 3 AND 4 OF
D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.108/2021 of Chikkamagaluru Women Police Station, Chikkamagaluru District, for the offence punishable under Sections 304B and 498A of IPC and Sections 3 and 4 of the Dowry of Prohibition Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that the victim committed suicide by hanging herself in the house of the petitioner and she was subjected to both mental and physical cruelty and dowry harassment and when she was not able to tolerate the harassment, she took the extreme step of committing the suicide. The police have registered the case at the first instance for the offence punishable under Sections 304B and 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act. After the investigation, the police have filed the charge-sheet when they did not find any material to invoke 3 Sections 3 and 4 of the DP Act and 304B of IPC offence, invoked the offence punishable under Sections 498A and 306 of IPC.
4. The learned counsel for the petitioner submits that the petitioner is in custody from 30.10.2021. The only allegation is made against the petitioner to invoke 306 of IPC. The investigation has already been completed and there is no any proximity to cause of death in taking the extreme step of committing suicide and the ingredients of offence under Section 306 of IPC does not attract and hence he may be enlarged on bail.
5. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that though the offence under Section 304B of IPC and Sections 3 and 4 of Dowry Prohibition Act was invoked, but during the course of investigation found the material subjecting the deceased for both mental and physical cruelty and due to humiliation she took extreme step of committing the suicide. The learned counsel submits that Samsung mobile belonging to the deceased was seized and sent to FSL and report is awaited. 4
6. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and on perusal of the material on record, it is not in dispute that earlier Sections 3 and 4 of the Dowry Prohibition Act was invoked during the crime stage and during the investigation, nothing is found to invoke Sections 3 and 4 of the Dowry Prohibition Act and only the offence under Section 306 of IPC is invoked and the same is not punishable with death or imprisonment for life. With regard to subjecting her for cruelty is a matter of trial and unless there is some material to the proximity to cause to death in taking the extreme step of committing suicide, I am of the opinion that, at this juncture, it is a fit case to exercise the powers under Section 439 of Cr.P.C. since investigation has already been completed and this petitioner was also in custody during the course of investigation and no need of the presence of the petitioner for custodial trial and it is a matter of trial whether she was subjected to cruelty or not.
7. In view of the discussions made above, I pass the following:
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ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.108/2021 of Chikkamagaluru Women Police Station, Chikkamagaluru District, for the offence punishable under Sections 304B and 498A of IPC and Sections 3 and 4 of the Dowry of 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.
(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