Naveen Kumar B, (A1) vs State By Doddaballapur Rural Police Station, Represented By Learned Spp, Office At High Court Of Karnataka, Bengaluru - 560001

S Vishwajith Shetty, J

Accused No.1 in S.C.No.10019/2023 pending before the Court of IV Additional District and Sessions Judge, Doddaballapura, Bengaluru Rural District arising out of Crime No.43/2023 registered by Doddaballapura Rural Police Station, for the offences punishable under Sections 498-A, 304-B, 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, is before this Court under Section 439 of Cr.P.C.

Heard the learned counsel for the parties.

Complainant Sri.Manjunatha, who is the father of the deceased-Thanushree has lodged complaint dated 13.02.2023 before the Doddaballapura Rural Police Station, Bengaluru District, wherein, it is averred that his second daughter Thanushree was married to the petitioner herein on 20.05.2022. At the time of marriage, complainant and family members had given dowry to the petitioner as per their demand. After marriage for about 5 to 6 months petitioner and his family members had properly looked after Thanushree and thereafter, they started ill-treating her on the ground that she had not brought sufficient dowry. In the month of December, petitioner allegedly had sent Thanushree to her parental house to bring additional dowry and accordingly, complainant had paid a sum of Rs.3,00,000/- to the petitioner. Even thereafter, petitioner was demanding dowry from Thanushree on the ground that, he had suffered loss in his mobile shop and he was in need of financial assistance. Complainant therefore, had paid a additional sum of Rs.1,20,000/- to the petitioner. Even thereafter, petitioner allegedly had continued to make demand for dowry. On 12.02.2023, Thanushree allegedly called the complainant and informed about the continuous demand made by the petitioner and his parents. The complainant had pacified his daughter and informed her that he would come to her matrimonial house and speak to her husband. On 13.02.2023 he was informed by one Murali, that Thanushree had committed suicide in her matrimonial house by hanging herself. Her body was taken to Manipal Hospital. Immediately complainant went to the hospital and found the dead body of his daughter. Thereafter, he had approached the Police and lodged the complaint which had resulted in registering F.I.R. in Crime No.43/2023 against petitioner and his parents.. During the course of investigation petitioner was arrested on 14.02.2023. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the IV Additional District and Sessions Judge, Doddaballapura, Bengaluru Rural District in Crl.Misc.No.10049/2023 was rejected on 25.03.2023. Therefore, he is before this Court.

Learned counsel for the petitioner having reiterated the ground urged in the petition submits that, petitioner has no criminal antecedents and he is in custody from more than nine months. Accordingly, he prays to allow the petition.

Per contra, the learned HCGP has opposed the bail application.

The allegations against the petitioner and his parents is that after complainant's daughter Thanushree was married to the petitioner, initially she was properly looked after in her matrimonial house, but subsequently, accused persons had demanded additional dowry and in furtherance of additional dowry they had ill-treated and harassed her. Marriage of the petitioner with the complainant's daughter was solemnized on 20.05.2022 and she had committed suicide on 13.02.2023. Though there are serious allegations found in the complaint as well as in the charge sheet, the fact remains that, till 13.02.2023 there was no other complaint lodged against the petitioner and his parents with regard to the demand of dowry and harassment meted out by them on the deceased. The complaint and charge sheet is silent with regard to any panchayath held as regard to the allegations found in the complaint. Accused Nos.2 and 3 were granted anticipatory bail by the jurisdictional Sessions Court at the stage of crime. Investigation in the case is completed and charge sheet has been filed. Petitioner who has no criminal antecedents is in custody form 14.02.2023. The allegations as against the accused persons is required to be proved in a full fledged trial. Under these circumstances, I am of the opinion that, petitioner's prayer for grant of regular bail is required to be answered in affirmative. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in S.C.No.10019/2023 pending before the Court of IV Additional District and Sessions Judge, Doddaballapura, Bengaluru Rural District, arising out of Crime No.43/2023 registered by Doddaballapura Rural Police Station, for the offences punishable under Sections 498-A, 304-B, 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

e) The petitioner shall not involve in similar offences in future.