Ganesh Rao vs State of Karnataka

H.S. Kempanna, J.—The petitioner, who is accused No. 1 in S.C. No. 217/2013 on the file of the II Additional Sessions Judge, Hassan registered for the offences under Sections 498(A), 304B, 302 r/w 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, is before this Court praying to enlarge him on bail. It is the case of the prosecution the deceased Rupini, who is the daughter of the complainant had been given in marriage to this petitioner on 18.03.2012 and the marriage had been performed at Banashankari Kalyana Mantapa in Hassan. At the time of marriage, the accused had been given cash of Rs. 25,000/- and gold jewellery weighing about 35 grams. After the marriage the deceased started living in the marital house situated on Dasegowdara Beedi at Holenarasipura. She lead cordial marital life for some time. Thereafter, the accused started subjecting her to cruelty and harassment both mentally and physically on the ground of demand for money as dowry. In this connection accused Nos. 1 to 3 were subjecting the deceased to cruelty at the instigation of accused No. 4 who is the sister of this petitioner. Such being the position, on 03.01.2013 at about 11.00 a.m. the accused subjected the deceased to cruelty and harassment in their house. Thereafter, the deceased being unbearable of the same committed suicide in the house of the accused on the same day at about 9.00 p.m. by hanging herself. Thus, the accused have committed the offences alleged against them.

Learned Counsel for the petitioner submits accused Nos. 2, 3 and 4 have been granted bail by this Court and the Sessions Court. The petitioner is in custody since 04.01.2013. The allegations against this petitioner is he along with accused Nos. 2 and 3 at the instigation of accused No. 4 his sister were subjecting the deceased to cruelty and harassment. Accused Nos. 2 and 3 have been granted bail by this Court. Since the case of the petitioner does not stand on a different footing than that of the said accused who have been granted bail by this Court and as he is in custody since 04.01.2013 he also be released on bail.

The application is opposed by the State.

A perusal of the allegations in the first information filed by the father of the deceased reveals this petitioner, his mother-accused No. 2 and his brother accused No. 3 were subjecting the deceased to cruelty and harassment both mentally and physically in their house at the instigation of accused No. 4 who is his sister. Accused Nos. 2 and 3 who are similarly placed as that of this petitioner have been granted bail by this Court in Crl. P. No. 2743/2013. Accused No. 4 his sister has been granted bail by the jurisdictional Sessions Judge. The petitioner is in custody since 04.01.2013. The case is now pending before the Sessions Court. Taking these facts into consideration, I do not find any justification to decline the request of this petitioner also. Accordingly, I proceed to pass the following:--

ORDER

Criminal Petition is allowed.

The petitioner is ordered to be released on bail on his executing personal bond in a sum of Rs. 50,000/- with one surety for the likesum to the satisfaction of the Sessions Judge, Hassan, subject to the following conditions:--

i) He shall not tamper with the prosecution witness.

ii) He shall appear before the Court on all the dates of hearing.