Manja vs Pratapa and Others

Budihal R.B., J.—Since these two petitions are in respect of the same Crime Number, they have been taken together to dispose of them by common order. Cri.P. No. 5364/2014 is filed by the petitioner-accused Nos. 2 and 3 under Section 439 of Cr.P.C., seeking their release on bail and Crl.P. No. 5365/2014 is filed by the petitioners - accused Nos. 4 to 7 under Section 438 of Cr.P.C., seeking anticipatory bail to direct the respondent - police to release the petitioners on bail in the event of arrest of the petitioners for the alleged offences punishable under Sections 143, 498-A, 304B read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, registered in respondent-police station Crime No. 224/2014 and after completion of the investigation, charge-sheet has been filed for the offences punishable under Sections 302, 498-A, 304B read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

Heard the arguments of the learned counsel appearing for the petitioners - accused in respect of both the petitions and also the learned HCGP for the respondent - State.

Learned counsel for the petitioners during the course of his arguments made submission that even on earlier occasion the petitioners approached this Court seeking their release on bail. This Court disposed of both the petitions by order dated 30.07.2014 giving liberty to the petitioners to approach the Sessions Judge or this Court after completion of the investigation. Learned counsel for the petitioners further submitted that now the investigation is completed and charge-sheet has been filed. He further submitted that these petitioners were not at all connected with the alleged offences and they are residing separately. The deceased and her husband, Ramesh, i.e., accused No. 1 were residing separately. Counsel also made submission that looking to the complaint averments only general allegations are made against these petitioners to the effect that they were also demanding dowry by giving ill-treatment and harassment. He submitted that the petitioner Nos. 2 and 3 are women and petitioner No. 1 is aged about 60 years in Cri.P. No. 5365/2014. Hence he submitted by imposing reasonable conditions, the petitioners may be enlarged on bail. Learned counsel also made submission that the accused No. 1, who is the husband of the deceased is already in custody.

As against this, learned HCGP during the course of his arguments made submission that looking to the materials, averments made in the complaint and also the statement of witnesses recorded by the Investigating Officer during investigation, prima facie it goes to show the involvement of these petitioners in committing the alleged offences. He further made submission that the alleged offences took place within seven years from the date of marriage and that too when the deceased was living in the house of the accused No. 1. He also made submission regarding the ill-treatment and harassment that there is a prima facie material collected by the Investigating Officer. Hence he submitted that the petitioners are not entitled to be granted with bail.

I have perused the averments made in the bail petition, FIR, complaint and other materials produced by the learned counsel for the petitioner along with the petition. Looking to the complaint averments, one Nagaraj, father of the deceased lodged a complaint alleging that about two years back, his daughter was given in marriage to Ramesh and only for a period of three months, she was treated properly and thereafter in connection with the dowry amount, she was subjected to ill-treatment and harassment. On 22.05.2014 Siddappa, first petitioner in Cri.P. No. 5365/2014 informed the complainant about the death of Puttamma and according to the opinion of the complainant, it is Ramesh, his brother Manja, Pratapa, Vinodamma and Vasantha together committed the murder and there afterwards, they strangulated Puttamma. Hence he requested to take action against the accused persons, on the basis of which case has been registered for the alleged offences.

Looking to the complaint averments, it goes to show that it is the opinion of the complainant that the said persons mentioned in the complaint firstly committed the murder of Puttamma and then strangulated her. In the complaint regarding the additional dowry amount, no specific allegations as against the present petitioners are made, but it is mentioned in one word in connection with the dowry, often she was subjected to ill-treatment. As submitted by the learned counsel for the petitioners herein, general allegation has been made against the petitioners that they were demanding dowry from the deceased. Now the investigation is complete and charge-sheet is also filed. It is contended by the petitioners herein in both the petitions that the complainant has suspected that the petitioners might have committed the offences and on suspicion, they have been implicated in the case.

Looking to the materials on record and as investigation is already completed, I am of the opinion that by imposing reasonable conditions, both the petitions can be admitted to regular and as well as anticipatory bail respectively. Accordingly both the petitions are allowed. Petitioners in Cri.P. No. 5364/2014 are ordered to be released on bail and in Cri.P. No. 5365/2014 respondent - police are directed to enlarge the petitioners on bail in the event of their arrest for the alleged offences and registered in respondent police station Crime No. 224/2014, subject to the following conditions:

"i. Each of the petitioner shall execute a personal bond for Rs. 1,00,000/- (Rupees one lakh only) and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.

ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioners in Cri.P. No. 5365/2014 shall make themselves available before the Investigating Officer for interrogation, as and when called for and to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond."