Karnataka High Court
R Lingakumar vs The State Of Karnataka on 18 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 18TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.336/2022
CONNECTED WITH
CRIMINAL PETITION NO.377/2022
In Crl.P.No.336/2022
BETWEEN:
1. R LINGAKUMAR
S/O LATE J M RAJU
AGED ABOUT 60 YEARS
OCC: SENIOR DRIVER AT
SANJAY GANDHI ACCIDENT HOSPITAL
BENGALURU
R/O NEAR CHARAVA CHURCH
2ND CROSS, OPP. OLD HOLY CHRIST SCHOOL
EJIPURA, BENGALURU SOUTH
BENGALURU-560047
2. SMT. BHAGYA LAKSHMI
W/O LINGAKUMAR
AGED ABOUT 48 YEARS
OCC: HOUSEHOLD WORK
R/O NEAR CHARAVA CHURCH
2ND CROSS, OPP. OLD HOLY CHRIST SCHOOL
EJIPURA, BENGALURU SOUTH
BENGALURU-560047
... PETITIONERS
(BY SRI BALAKRISHNA B, ADVOCATE)
2
AND:
THE STATE OF KARNATAKA
BY VIVEKNAGAR POLICE STATION
CUBBAN PARK SUB DIVISION
BENGALURU CITY-560047
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560001
... RESPONDENT
(BY SRI R.D.RENUKARADHYA, 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 CRIME NO.183/2021 OF
VIVEKNAGAR POLICE STATION, BENGALURU FOR THE OFFENCE
PUNISHABLE UNDER SECTION 304B READ WITH SECTION 34 OF
IPC AND ETC.
In Crl.P.No.377/2022
BETWEEN:
L KIRAN KUMAR
S/O LINGAKUMAR R.
AGED ABOUT 30 YEARS
OCC.UNEMPLOYED
R/O NEAR CHARAVA CHURCH
2ND CROSS, OPP. OLD HOLY CHRIST SCHOOL
EJIPURA, BENGALURU SOUTH
BENGALURU-560047
... PETITIONER
(BY SRI BALAKRISHNA B, ADVOCATE)
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AND:
THE STATE OF KARNATAKA
BY VIVEKNAGAR POLICE STATION
CUBBAN PARK SUB DIVISION
BENGALURU CITY-560047
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560001
... RESPONDENT
(BY SRI R.D.RENUKARADHYA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.183/2021 OF VIVEKNAGAR POLICE STATION,
BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION
304B READ WITH SECTION 34 OF IPC AND ETC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The Crl.P.No.336/2022 is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners/accused Nos.2 and 3 on bail in the event of his arrest in Crime No.183/2021 of Viveknagar Police Station, Bengaluru for the offence punishable under Section 304B read with Section 34 of IPC.
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2. The Crl.P.No.377/2022 is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner/accused No.4 on bail in Crime No.183/2021 of Viveknagar Police Station, Bengaluru for the offence punishable under Section 304B read with Section 34 of IPC.
3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
4. The factual matrix of the case is that the marriage of the deceased was solemnized with accused No.1 about three years ago and at the time of marriage, parents of the deceased gave 180 grams of gold ornaments and from the date of marriage, till date, they have given a cash of Rs.12,00,000/- and both were cordial for a period of one year and thereafter, they started to demand an additional amount as dowry and parents of the deceased was also helped them whenever they made the demand and the allegation in the complaint that the father of the deceased had purchased a property in the joint name i.e., his daughter (deceased) and his son-in-law measuring 30 x 58½ feet and inspite of that they continued to harass the deceased 5 for dowry and in this regard, panchayat was held and after the panchayat, they left the deceased in her matrimonial home and that on 25.12.2021, before committing the suicide, the deceased called to her parents at 9.30 a.m. and within two hours i.e., around 11.30 a.m. they received the information that their daughter committed the suicide. Based on the complaint, the case was registered and the matter is under investigation.
5. The learned counsel for the petitioners would submit that the very allegation made in the complaint that the property was purchased by the complainant in the name of his daughter and son-in-law is false allegation and in support of his contention, he has produced a copy of the sale deed as well as EC and also other documents to show that the husband of the deceased only had purchased the same availing loan from the bank and the allegations made in the complaint are all false and these petitioners are in custody from 26.12.2021 and these petitioners are ready to abide by the conditions imposed by this Court and prayed to allow the petitions.
6. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that 6 panchayatdars statements were recorded by the Investigating Officer and the investigation is not yet completed and there are specific allegations against these petitioners and before committing the suicide, the deceased had called to her parents and the call details were also tallies with the said contention and hence, prayed to dismiss the petitions.
7. Having heard the respective counsel appearing for the parties and also on perusal of the materials on record, it is clear that the prosecution has not invoked Section 498A of IPC against the petitioners and only they have invoked Section 304B of IPC against the petitioners and it is not in dispute that within a span of three years, the deceased had committed suicide but there is no materials to show that these petitioners have received the dowry at the time of marriage and the learned counsel for the petitioner also placed the sale deed to show that husband of the deceased had purchased the property availing loan from the bank but the contention of the complainant that he only purchased the property in his daughter and son-in-law's name and having taken note of the fact that these petitioners were arrested in the year 2021 and the allegations made in the 7 complaint are only a general omnibus allegations and hence, it is a fit case to exercise the discretion in favour of the petitioners.
8. In view of the discussions made above, I pass the following:
ORDER The petition in Crl.P.No.336/2022 is allowed.
Consequently, the petitioners/accused Nos.2 and 3 shall be released on bail in the event of their arrest in connection with Crime No. 183/2021 of Viveknagar Police Station, Bengaluru for the offence punishable under Section 304B read with Section 34 of IPC, subject to the following conditions:
(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 hampering the investigation or tampering the prosecution witnesses.
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(iii) The petitioners shall co-operate with the
Investigating Officer to complete the
investigation and they shall appear before the Investigating Officer, as and when called for.
(iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.
(v) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge-sheet is filed, whichever is earlier.
The petition in Crl.P.No.377/2022 is allowed. Consequently, the petitioner/accused No.4 shall be released on bail in connection with Crime No. 183/2021 of Viveknagar Police Station, Bengaluru for the offence punishable under Section 304B read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs 9 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 SN