Shafiulla @ Shafi vs State Of Karnataka

K.Natarajan, J

This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C., for granting regular bail in Crime No.80/2020 registered by

Basavanagudi Police Station for the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (for

short ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short ‘D.P. Act’).

Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent - State.

The case of the prosecution is that the complainant - Shameen Taj, mother of the deceased filed a complaint on 19.09.2020 alleging that her

daughter was given in marriage to accused in the year 2015 and at the time of marriage on demand the accused persons received cash of Rs.2.00

lakh and 300 grams of gold ornaments as dowry. After the marriage, her daughter started resident with accused No.1 and his family members. Later,

accused No.1 and his family members started to harass her daughter physically and mentally by demanding additional dowry in the form of car. On

18.09.2020, without tolerating the harassment and ill-treatment of the accused persons, her daughter committed suicide by hanging herself. It is further

alleged that accused No.1 in collusion with other accused has abetted the deceased to commit suicide and has committed the alleged offence for

which the complaint is lodged before the Police. After registering the case, accused No.1 was arrested on 20.09.2020. He approached the Sessions

Court for granting bail, which came to be rejected. Hence, he is before this Court.

Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offences and has been falsely implicated by the

mother of the victim. The respondent-Police have registered UDR case on 18.09.2019. But the mother of the deceased changed her version and filed

a false case by implicating the accused persons. Even otherwise, the deceased herself has lodged a complaint to the Police on 10.12.2019. She has not

at all whispered anything about the demand of dowry or harassment except the reason that the accused is having illicit relationship with another

woman and he was not regularly visiting the house. The other accused were saying that they will perform another marriage to accused No.1. Except

the said reason, there is no averment regarding demand of dowry. The accused and the deceased were staying in the separate house but not along

with the family members of accused. The co-accused were already granted bail by the Co-ordinate Bench of this Court in Crl.P.No.816/2021 and

Crl.P.No.842/2021. It is also mentioned by the learned counsel that the father of accused No.1 has expired on 12.04.2021, hence, he is required for

performing his last rights and prayed for granting bail.

Per contra, learned High Court Government Pleader seriously objected the bail petition and prayed for rejecting the bail petition.

Upon hearing the arguments and on perusal of the records, which goes to show that admittedly the deceased has committed suicide on 18.09.2020

in the separate house where the accused and the deceased were staying. The father of the deceased has not lodged any complaint about commission

of suicide by her daughter on 18.09.2020, hence, the Police registered UDR case which reveals in the case diary maintained by the Police. Learned

counsel also brought to the notice that the victim herself lodged a complaint on 10.12.2019 where she has stated about the accused having illicit

relationship with another woman and he was not regularly visiting the house. The other accused were saying that they will perform another marriage

to accused No.1. Therefore, she requested the Police to settle the matter. Accordingly, the Police summoned the accused and obtained the statement

where he has sought 15 days time for settling the dispute. There is no other complaint against the accused. On perusal of the statement of the

deceased dated 10.12.2019, she has not stated anything about the demand of dowry, harassment by the accused persons. Except that, she has stated

that the accused is not visiting the house regularly and also not letting to go to her parental house. The father of the deceased not complained anything

immediately after the commission of suicide by the deceased. The investigation is already completed and charge-sheet has been filed. The accused is

in custody for more than six months. The co-accused persons have already granted bail by the Co-ordinate Bench of this Court. Therefore, I am of

the view that the statement is omnibus and the allegation is also similar to that of the co-accused who had already granted bail. Therefore, accused

No.1 is also entitled for bail on the ground of parity. Therefore, considering the facts and circumstances of the case, by imposing certain conditions, if

the bail is granted to the petitioner, no prejudice would be caused to the prosecution case. Hence, I pass the following

ORDER

Accordingly, criminal petition is allowed.

The Committal Court / trial Court is directed to release the petitioner-accused No.1 is ordered to be released on bail in Crime No.80/2020 registered

by Basavanagudi Police Station for the offences punishable under Sections 498A and 304B read with Section 34 of IPC and Sections 3 and 4 of D.P.

Act, subject to the following conditions

(i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the

likesum to the satisfaction of the trial Court/Committal Court;

(ii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

(iii) Petitioner shall not leave the jurisdiction without prior permission of the trial Court;

(iv) Petitioner shall take trial without causing any delay.