K.K. Mahadev vs State of Karnataka

A.V. Chandrashekara, J.—This petition is filed by the petitioners - accused Nos. 1, 2 and 3 under Section 438 of Cr.P.C. seeking anticipatory bail in respect of Cr.No.185/14 registered by Nanjanagudu Town Police Station, Mysore District, for the offences punishable under Sections 498-A 304-B of IPC and under Sections 3 and 4 of Dowry Prohibition Act.

Bail application filed by these petitioners before the learned V Additional Sessions Judge, Mysore has been dismissed vide order dated 09-10-2014. Hence, petitioners are before this Court.

The first petitioner is the husband of the deceased - Smt. K. Sharada and petitioner Nos. 2 and 3 are in-laws of the deceased - Smt. K. Sharada. The marriage of the deceased - Smt. K. Sharada was solemnized with the first petitioner on 04-06-2009 and they have no issues out of the said marriage. The allegation against these petitioners is that they had received gold ornaments weighing about 70 grams and cash of Rs.50,000/-. Apart from this, Rs.12 lakhs was spent to perform the marriage of the deceased with the first petitioner. It is further alleged that even after giving dowry, these petitioners were torturing the deceased to bring additional dowry from her parents'' house. Being unable to bear the torture of these petitioners, she committed suicide on 10-09-2014 in her parental place. Hence, case has been registered against these petitioners.

What is argued before this Court by the learned High Court Government Pleader is that investigation of the case is still in progress and the allegation is of grave in nature. He has argued that it is not a fit case to exercise the discretion vested under Section 438 of Cr.P.C.

It is true that the allegation against these petitioners are of grave in nature with regard to the alleged death of the first informant''s daughter under unnatural circumstances. It is too premature to dis-believe the same. The main allegation is against the first petitioner. The allegation is also made against the petitioner Nos. 2 and 3 who are in-laws of the deceased. But petitioner Nos. 2 and 3 are residing at No. 601, 6th Cross, Jayanagar, Kolar, whereas accused No. 1 is residing at Belur and working as a Engineer and at the relevant point of time, first accused was not residing with petitioner Nos. 2 and 3. Taking into consideration, the age of the petitioner Nos. 2 and 3 and as the second petitioner has undergone heart operation recently which is evident from the certificate issued by the Jayadeva Hospital on 25-10-2014, they are to be released. So far as, the bail petition of first petitioner is concerned, it is to be rejected.

Accordingly, petition is allowed in part and anticipatory bail is granted to petitioner Nos. 2 and 3 only. Insofar as petitioner No. 1 is concerned, anticipatory bail is rejected, subject to the following conditions:-

"(i) Petitioner Nos. 2 and 3 shall be released on anticipatory bail in the event of their arrest in Cr.No. 185/2014 by Nanjanagudu Town Police Station, Mysore District, on they executing a personal bond in a sum of Rs. 1,00,000/- with one surety for the likesum to the satisfaction of the I.O.

(ii) Petitioner Nos. 2 and 3 shall surrender before the jurisdictional police station on or before 30-11-2014, failing which the anticipatory bail granted by this Court would automatically stand cancelled.

On such surrender, the I.O. may orally interrogate them. Soon after conducting interrogation, they shall be released on bail, immediately.

(iii) Petitioner Nos. 2 and 3 shall not hold out threats to the prosecution witnesses or attempt to tamper them, in any manner.

(iv) Petitioner Nos. 2 and 3 shall not involve themselves in any criminal activities."