IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 7th DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10250/2011 BETWEEN: 1. Shri Rajendra, S/o. Sarjerao Patil Age: 24 years, 0cc: Agriculture and Driver R/o. Shendur, Taluka: Chikodi District: Belgaum 2. Smt. Sumabai (a Suman, W/o. Sarjerao Patil Age: 45 years, 0cc: Household work R/o. Shendur, Taluka: Chikodi District: Belgaum 3. Shri. Avadhoot Sanjav, S/o.Sarjerao Patil Age: 21 years, 0cc: Agriculture and Driver R/o. Shendur, Taluka: Chikodi District: Belgaum ... PETITIONERS (By Sri. Ram P. Gorpade & R. G. Patil, Advs.) AND: The State of Karnataka Through P.S.1 Nipani Rural P.S., Rep. by the State Public Prosecutor High Court Building, Dharwad RESPONDENT (By Sri. Anand K. Navalgimath, HCGP) THIS CRIMINAL PETITION IS PILED U/S 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THEM IN CONNECTION WITH CRIME NO.04/2011 OF NIPANI RURAL POLICE STATION, ON THE FILE OF THE CIVIL JUDGE & JMFC, NIPANI, FOR THE OFFENCES P/U/S 498(A) 306 R/W 34 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioners seek bail on the ground that, a case has been registered against them on the complaint of one Sadashiv Krishnat Desai of Arjuni, Taluka Kagal, District Koihapur and in the complaint it was alleged that the daughter of the complainant was given in marriage to the 1st petitioner about 56 earlier to the complaint and thereafterwards, the petitioners harassed the deceased by complaining to the deceased that she was not doing household work properly and her character was not good. Unable to bear the said harassment, the deceased committed suicide by drowning herself in the tank. 2. The case having been registered under Section 498A and 306 of IPC, the petitioners who are in custody seek bail and the St petitioner is said to be the husband of the deceased, 2nd petitioner is the mother-in-law and 3rd petitioner is the brother-in-law of the deceased. 3. The petitioners’ Counsel submits that the complaint allegations are not true and moreover, there was no demand of dowry at all by the petitioners. 4. The learned High Court Government Pleader on the other hand submitted that the petitioners have harassed the deceased and within six years of marriage, the deceased committed suicide and therefore, referring to the objection filed, submitted that the petitioners are not entitled to bail. 4 5. Having thus heard both sides and taking note of the complaint allegations and the prosecution also stating that the victim Neeta was married to the 1st petitioner about three years prior to her death and there being no dowry allegations in the complaint, in my view the petitioners can be released on bail by imposing conditions to safeguard the interest of prosecution. Hence I pass the following order: 6. The petition is allowed subject to the following conditions: 1. The petitioners 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. 2. They shall not tamper with the evidence and shall not give threat to the witnesses in any manner. .. 5 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 leave the place without permission in writing of the jurisdictional Magistrate. 5. if any of the bail conditions are violated, bail will be cancelled at the request of the prosecution. Sd! JUDGE gab/