Karnataka High Court
Smt Mahadevi W/O Shivayogeppa Wali vs The State Of Karnataka on 7 December, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103486 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103486 OF 2022 (438-)
BETWEEN:
SMT MAHADEVI W/O. SHIVAYOGEPPA WALI
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O: PURAD ONI, HAVERI
TQ AND DIST. HAVERI
...PETITIONER
(BY SRI. SANTOSH APPASAB BIRANAGI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY POLICE INSPECTOR,
WOMEN POLICE STATION HUBBALLI,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD
...RESPONDENT
(SRI. PRASHANTH V. MOGALI, HCGP FOR RESPONDENT)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON
ANTICIPATORY BAIL, ON SUCH TERMS AND CONDITIONS WHICH
THIS HUMBLE COURT MAY DEEM FIT, IN HUBBALLI WOMEN POLICE
STATION CRIME NO.74/2022 ON THE FILE OF III ADDITIONAL CIVIL
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CRL.P No. 103486 of 2022
JUDGE AND JMFC COURT, HUBBALLI FOR THE OFFENCE U/S 304B
AND 498A R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the accused No.2 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.74/2022 of Hubballi-Dharwad City Women Police Station, registered for the offences punishable under Sections 304B and 498A read with Section 34 of IPC.
2. The case of the prosecution is that, one Mallikarjun Basavenappa Shettar, resident of Savadatti, has filed the complaint stating that, his daughter-Ashwini was given in marriage to accused No.1-Kiran Vali in the month of June 2020 and at the time of marriage, he had given Rs.50,000/- in cash, 50grams of gold and other day to day usable articles. After marriage, his daughter was residing with her husband/accused No.1 at Purad Oni, Haveri and the accused persons had mortgaged gold ornaments of his daughter and were demanding more dowry and were harassing her. The father of the deceased -3- CRL.P No. 103486 of 2022 Ashwini and other elders of the village met accused No.1 and requested not to harass his daughter. It is further stated that accused No.1 for his professional work shifted from Haveri to Hubballi and took a rented house at Navanagar and he was residing with his wife Ashwini in that house. It is further stated that accused No.1 was harassing his wife continuously. It is further stated that on 29.09.2022, at about 7:00 am accused No.1 made a phone call to the complainant and informed him that his daughter Smt. Ashwini has committed suicide by hanging. The complainant immediately rushed to Navanagar and found his daughter dead. He filed the complaint which came to be registered in Crime No.74/2022 of Hubballi- Dharwad City Women Police Station for the offences punishable under Sections 498A, 304B and 34 of IPC. The petitioner is arrayed as accused No.2 in the FIR. The petitioner apprehending her arrest has filed Criminal Misc. No.5484/2022 seeking anticipatory bail and the same came to be rejected by the III Additional Civil Judge and JMFC Court, Dharwad, sitting at Hubballi, by order dated -4- CRL.P No. 103486 of 2022 19.10.2022. Therefore, the petitioner is before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent- State.
4. Learned counsel for the petitioner would contend that, the petitioner was residing in Haveri and the deceased and her husband accused No.1 were residing in Navanagar, Hubballi. The averments of the complaint are false. The petitioner has not harassed the deceased demanding dowry. The accused No.3 who is the son of this petitioner and brother of the accused No.1 has been granted bail by this Court. The petitioner is ready to co- operate with the police in the investigation. With this, he prayed to allow the petition.
5. Per contra, learned HCGP would contend that, the investigation is in progress. The marriage of the deceased with accused No.1 has taken place in the year 2020. The deceased died in the year 2022. The death of -5- CRL.P No. 103486 of 2022 the deceased is within seven years of marriage and therefore, there is a presumption that the death of the deceased is a dowry death. The offence alleged against the petitioner is a heinous offence punishable under Section 304B of IPC. The petitioner is required for custodial interrogation. If the petitioner is granted bail, there is a threat to the complainant and other prosecution witnesses and there are chances of she hampering the investigation. With this, he prayed to reject the petition.
6. Having heard the learned counsel for the petitioner and the learned HCGP, this Court has gone through the averments of the complaint, FIR and the order passed by the Sessions Court.
7. The deceased was married to accused No.1 in the year 2020 and at the time of the marriage, 50 grams of gold, Rs.50,000/-, silver articles and house hold utensils were given to the accused persons. It is alleged that, this petitioner and accused Nos.1 and 2 have pledged the golden ornaments given to the deceased at the time of her -6- CRL.P No. 103486 of 2022 marriage and obtained loan and were harassing the deceased to bring more dowry from her parents and used to assault and harass mentally and physically. In that regard, two elder persons along with the complainant have advised the accused persons. Thereafter, the deceased and her husband/accused No.1 shifted to Navanagar, Hubballi, and residing in a rented house. There is also accusation in the complaint that, this petitioner and accused No.3 Arun used to come to the said rented premises and used to harass the deceased to bring dowry and did not provide her food and gave her physical and mental cruelty and they used to send her out of the house during night hours and therefore, fed up with the same, the deceased has committed suicide. The death of the deceased has taken place within seven years of her marriage. There is an allegation that, this petitioner and other accused persons used to demand dowry and used to harass her mentally and physically. There is a presumption that, the death of the deceased which is taken place within seven years of marriage is a dowry death. The offence -7- CRL.P No. 103486 of 2022 alleged against this petitioner is a heinous offence. As the investigation is in progress, the petitioner is not entitle for discretionary relief of anticipatory bail. The petitioner has not made out any grounds for grant of anticipatory bail. Hence, the petition is dismissed.
Sd/-
JUDGE SVH List No.: 2 Sl No.: 5