Karnataka High Court

Gopinath R @ Gopi vs State By Chikkaballapur on 9 October, 2023

Author:
S Vishwajith Shetty

Bench:
S Vishwajith Shetty

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NC: 2023:KHC:36605
CRL.P No. 9281 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9281 OF 2023
BETWEEN:
GOPINATH R @ GOPI
S/O RAMACHANDRA @ CHANDRAPPA
AGED ABOUT 43 YEARS,
R/AT KHARKANE PETE,
WARD NO.12,
PRESENT WARD NO.22,
KELAGINATHOTA
H S GARDEN,
CHIKKABALLAPUR
CHIKKABALLAPUR TOWN-562101

...PETITIONER
(BY SRI. SHANKARAPPA S.,ADVOCATE)
AND:
STATE BY CHIKKABALLAPUR
TOWN POLICE STATION
REP BY SPP, HIGH COURT
COMPLEX, BANGALORE - 560 001.
...RESPONDENT
Digitally signed
by NANDINI (BY SMT. N. ANITHA GIRISH, HCGP)
MS
Location: HIGH THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
COURT OF
KARNATAKA PETITIONER ON BAIL IN C.C.NO.534/2023 ON THE FILE OF PRL.
CIVIL JUDGE (SR.DN.) AND CJM COURT, CHIKKABALLAPURA IN
CR.NO.82/2023 OF CHIKKABALLAPURA TOWN P.S., FOR THE
OFFENCE P/U/S 498A, 304B R/W 34 OF
IPC
AND SEC. 3, 4 AND 6 OF
D.P. ACT, 1961 OF CHIKKABALLAPUR TOWN POLICE STATION.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 9281 of 2023

ORDER

Accused No.3 in Crime No.82/2013 registered by the

Chickballapura police station, Chickballapura, for the offences

punishable under
Sections 498A
,
,
304B
, R/w 34 of
IPC
and

Sections 3
and
of the Dowry Prohibition Act, 1961 is before

this Court seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. On the complaint of Shobha W/o Manjunath, on

23.06.2023 FIR in Crime No.82/2023 was registered by the

Chickballapura Police Station, Chickballapura against one Lohith

Babu and three others. Petitioner is arrayed as accused No.3 in

the FIR. In the complaint, it is averred that the complainant's

daughter - Thejaswini was married to accused No.1 - Lohith

Babu on 07.02.2022. The complainant has stated that at the

time of marriage they had paid dowry to the accused persons

as per their demand. Inspite of the same, the accused persons

were torturing and harassing her daughter. In this regard,

panchayath was held and inspite of the same, the accused

persons continued to harass and torture the complainant's

daughter. About 20 days prior to the complaint, complainant's

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daughter - Thejaswini had suffered from typhoid fever, inspite

of that the accused persons did not take her to the hospital.

4. Thereafter, the complainant and her husband

brought their daughter to their home and got treated and on

21.06.2023 they had left her in her matrimonial home. On

23.06.2023 at about 10.00 a.m., the complainant was informed

by her son that the complainant's daughter - Thejaswini was

not receiving the phone. She immediately telephoned the

accused and he informed her that her daughter - Thejaswini

had committed suicide by hanging herself to a fan in a room.

Immediately, the complainant and her family members went to

the house of Lohith Babu and thereafter, had approached the

police and filed the compliant, which has resulted in registration

of FIR in Crime No.82/2023.

5. During the course of investigation in the said case,

the petitioner was arrested on 23.06.2023. His bail application

filed in Crl.Misc.No.386/2023 before the I Addl. District &

Sessions Judge, Chikkaballapura, was dismissed on

17.07.2023. Therefore, the petitioner is before this Court.

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6. Learned counsel for the petitioner submits that the

petitioner is the elder brother of accused no.1 who is the

husband of the deceased. The petitioner is staying separately

along with his wife and children. Investigation in the case is

complete and charge sheet has been filed. Accordingly, he

prays to allow the petition.

7. Per contra, learned HCGP has opposed the bail

application.

8. The complainant is the mother of the deceased -

Thejaswini. Thejaswini and her husband - Lohith Babu, who is

accused No.1 in the FIR are stated to be residents of Ward

No.19 of the Chickballapur District, whereas the material

produced by the petitioner along the criminal petition would go

to show that the petitioner and his wife - Shilpa were residing

in a premises at Ward No.24 of Chickballapur District. The

inquest mahazar would go to show that the body of Thejaswini

was found hanging in a room in her husband's house and the

door of the room in which Thejaswini had hanged herself was

broke open and thereafter, the body was brought down and the

post-mortem report of the Thejaswini would go to show that

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CRL.P No. 9281 of 2023

death was due to asphyxia as a result of suspension by the

neck (antimortem hanging).

9. This material prima-facie would go to show that

Thejaswini had died by committing suicide and she had left a

death note before committing suicide. In the said note it is

stated that the accused persons have tortured her, but there is

no mention of any demand for payment of dowry either

immediately prior to she committing suicide or even earlier to

the same. For the purpose of attracting offence under
Section

304B
of IPC there should be some material to show that the

accused persons had harassed or tortured the deceased

immediately prior to she committing the act of suicide and such

harassment or torture should be in respect of demand for

dowry. Such material is not present in the death note of the

deceased. The petitioner who has no criminal antecedents is in

custody from 23.06.2023 onwards.

10. Investigation in the case is complete and charge

sheet has been filed. The allegation against the petitioner is

required to be proved in full-fledged trial. Under these

circumstances, I am of the view that, petitioner has made out a

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prima facie case for grant of regular bail. Accordingly, the

following:

::ORDER::

The petition is allowed.

The petitioner/accused No.3 is directed to be enlarged on

bail in Crime No.82/2013 registered by the Chickballapura

police station, Chickballapura, for the offences punishable

under Sections 498A, 302, 304B, R/w 34 of
IPC
and
Sections 3

and
of the Dowry Prohibition Act, subject to the following

conditions:

a) The petitioner shall execute 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

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the said Court until the case registered against him is
disposed off.

SD/-

JUDGE

NMS