Basavaraj Shivanand Hondappannavar vs The State of Karnataka

K.N. Phaneendra, J.—Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent - State. Perused the records.

The Nandagad Police have filed a charge sheet against the petitioner and others for the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as I.P.C. for brevity) and Sections 3 and 4 of Dowry Prohibition Act, 1961 (hereinafter referred to as ''D.P. Act'' for brevity).

It is seen from the records that one Mallappa Basappa Kalsannavar has lodged a complaint on 12.08.2013 alleging that his sister by name Mahadevi was given in marriage to the petitioner about two years prior to the incident. It is stated that for about six months the petitioner and his sister have led happy married life. Thereafter, the petitioner and his family members started ill-treating his sister that she is not properly doing household work and she has to go for coolie work. It is also alleged that the petitioner and others were forcing her to bring a she-buffalo to their house and also some cash and gold from her parents house. In this background, it is stated that on 03.08.2013, in the morning, the complainant has received a telephonic message from one Yellanagouda Patil that Mahadevi has consumed poison and then he immediately went to the house of petitioner and thereafter the sister of complainant was shifted to Sai Hospital, Belgaum. It is stated that, on the date of incident also petitioner and Mahadevi have quarreled with each other for some other reason and thereafter Mahadevi has consumed Herbicide and committed suicide. Since the date of her admission to hospital, she did not regain consciousness at any time. She died on 24.08.2013. On these allegations, the investigation has been completed and charge sheet has been filed. The accused were arrested on 25.08.2013 and since then he is in judicial custody. The other accused persons have already been released on bail in connection with this case. The post mortem report also does not show any external injuries. The FIR and the charge sheet papers disclose that on the date of incident also the husband and wife have quarreled with each other for some reason and immediately after that she has consumed Herbicide. In view of the above said circumstances, there is no specific allegation that on the date of incident there was any force or demand for any dowry by the petitioner and others. Prosecution has to establish why the quarrel has taken place between husband and wife on that day and what exactly has made the deceased to commit suicide, during the course of full dressed trial. Under the above said circumstances, in my opinion, the petitioner is also entitled to be enlarged on bail. Though the prosecution has invoked Section 304B of I.P.C., in my opinion, there is no material to show that soon before her death there was any ill-treatment or harassment by the petitioner herein in demand of dowry. Hence, I pass the following:

ORDER

Petition filed u/s 439 of Code of Criminal Procedure, 1973, is allowed. Petitioner shall be released on bail in connection with Crime No. 177/2013 for the offences punishable under Sections 498A and 304B read with Section 34 of I.P.C. and Sections 3 and 4 of D. P. Act, subject to the following conditions -

i) Petitioner shall execute a personal bond for a sum of Rs. 50,000/- with one surety for a likesum to the satisfaction of Committal or trial Court, as the case may be.

ii) Petitioner shall not indulge himself in tampering the prosecution witnesses.

iii) Petitioner shall appear before the trial Court on all the future hearing dates, unless prevented by any genuine cause.

iv) Petitioner shall not leave the jurisdiction of trial Court without prior permission till the case registered against him is disposed of.