Chinnaraju @ Ananda vs State Of Karnataka

K. Natarajan, J

This petition is filed by petitioner-accused No.1 under Section 439 of Cr.P.C. for granting regular bail in Crime No.16/2020 registered by Mamballi

Police Station, Yelandur Circle, Chamarajanagara District, for the offences punishable under Sections 498A, 304B, 306 read with Section 34 of IPC

and Sections 3 and 4 of Dowry Prohibition Act.

The case of the prosecution is that on the complaint of one Chikkasiddaiah, father of the deceased who filed a complaint on 07.08.2020 alleging that

his daughter Rathnamma married to the accused and she has committed suicide on 05.08.2020. At the time of lodging the complaint, it is stated that

for some reason his daughter might have committed suicide. But later he came to now that the petitioner was harassing his daughter along with his

mother and sister physically and mentally and demanding for gold ring and also he was having some intimacy with some other lady. Due that said

harassment, she has committed suicide. He has also stated that they might have committed the murder of his daughter. After registering the case, the

police arrested the petitioner on 07.08.2020 and he was remanded to judicial custody. The investigation is completed and charge sheet has been filed.

The petitioner approached the Sessions Judge for bail, which came to be rejected. Hence, petitioner-accused No.1 is before this Court.

Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offence and there is no complaint of demand of dowry

soon prior to death of deceased. Previously complaint was lodged for unknown reason and UDR was registered. Subsequently, after two days,

murder case has been registered and later charge sheet has been filed for the offence under Sections 304B and 306 of IPC. There is no material to

show that this petitioner has committed any offence. The investigation is already completed and charge sheet is filed. Hence, prayed for granting of

bail.

Learned High Court Government Pleader seriously objected for grant of bail and prayed for dismissal of the bail petition.

Upon hearing the arguments and perusal of the records, which goes to show that admittedly, on 05.08.2020, the police registered UDR case for

unnatural death of wife of the accused/petitioner where she committed suicide by hanging. Subsequently, after two days, the father of the deceased

lodged a complaint stating that he came to know that the accused was harassing physically and mentally and he was having illegal intimacy with some

other lady. He has stated that the marriage expenses were equally spent by both the parties, inspite of it, about three months back the accused said to

have demanded a gold ring for him. Except the omnibus statement that accused harassed his daughter physically and mentally there is no specific

allegation of demand of dowry. In the complaint he has not stated about the accused demanding dowry or gold ring. The investigation is already

completed and charge sheet is filed. The petitioner is in custody for almost 8 months. The police have filed charge sheet after deleting Section 302 and

adding 306 of IPC.

Looking into facts and circumstances, without expressing any opinion on the merits of the case, if the petitioner is granted bail by imposing certain

conditions, no prejudice would be caused to the case of the prosecution. Accordingly, I pass the following:

ORDER

The criminal petition is allowed.

The Committal Court/trial Court is directed to release the petitioner-accused No.1 on bail in Crime No.16/2020 registered by Mamballi Police Station,

Yelandur Circle for the offences punishable under Sections 498A, 304B, 306 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition

Act, subject to the following conditions:-

i) Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for likesum to the satisfaction of the trial

Court;

ii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

iii) Petitioner shall take trial without causing any delay;