IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 17” DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10327/2011 Between: 1. Sri.Nagappa S/o.Ramachandra Maragi, Age 32 years, 0cc.: Handiloom Business, R/o.Sulebhavi, Tq. & Dist.: Belgaum. 2. Sri. Ramachandra 5/0. Fakirappa Maragi, Age 60 years, 0cc.: Handloom Business, R/o.Sulebhavi, Tq. & Dist.: Belgaum. 3. Smt.Renuka W/o.Ramachandra Maragi, Age 55 years, 0cc.: Household work, R/o.Sulebhavi, Tq. & Dist.: Belgaum. 4. Sri, Sanjeev 5/ o.Ramachandra Maragi, Age 36 years, 0cc.: Handloom Business, R/o.Sulebhavi, Tq. & Dist.: Belgaum. Petitioners (By Sri.Srinand A. Pachhapure, Advocate) And: State of Karnataka, Through Marihal Police Station, Now rep. by SPP. Respondent (By Sri.Anand K. Navalagimath, HCGP) This criminal petition is filed under Section 439 of Cr.P.C. seeking to grant bail to the petitioners in Crime No.20/2011 registered for the offences punishable under -2- Section 498-A, 304(B) r/w. Sec. 34 of IPC and Sec. 3 & 4 of Dowry Prohibition Act. by the respondent Marihal Police. This petition coming on for orders this day, the Court made the following: ORDER Heard both sides in respect of the petition filed by the accused Nos. 1 to 4 seeking bail in respect of the offence alleged against them under Sections 498-A, 304(B) read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 2. The submission of the petitioners counsel is that A-5 has been granted bail by the trial Court, A-4 is residing in the house of A-5 and moreover the death of the wife of the 1st petitioner is due to suicide and moreover just before the death the deceased was sent to the parental house on 06.02.2011 to attend a function and this itself goes to show that there was no harassment by the accused persons. Merely because the accused did not attend the engagement functions at Bailhongal and sent the deceased that cannot be a reason for deceased committing suicide. Moreover the petitioners No.2 I and 3 are aged 55 years and therefore the petition be allowed. 3. The submission of the learned High Court Government Pleader for the State is that the 1 st petitioner is the husband and he demanded Rs.50,000/- dowry from the wife and unable to bear the harassment the wife committed suicide by hanging herself. 4. Taking note of the above submissions put forward, in my view, petitioners No.2, 3 and 4 can be released on bail by imposing conditions and petition of A-i will have to be rejected. The husband of the deceased is said to have taken the dowry from the wife. 5. In the result bail application is partly allowed. In respect of petitioners No.2, 3 and 4 are concerned, they shall be released on bail subject to the following conditions: 1. They shall be released on bail on each of them executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. -4- 2. They shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. 3. They shall mark attendance before the jurisdictional police station on every Saturday between 10.00 a.m and 5.00 p.m. 4. They shall not involve themselves in like offences in future. 5. Bail petition of A-i however is rejected with liberty to seek bail after filing of the charge sheet. Sd! JUDGE Vnp *