Karnataka High Court

C Yerriswamy vs State By Women Police on 20 September, 2023

Author:
S Vishwajith Shetty

Bench:
S Vishwajith Shetty

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NC: 2023:KHC:34132
CRL.P No. 8108 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF SEPTEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 8108 OF 2023

BETWEEN:

C YERRISWAMY
S/O LATE CHINNAIAH,
AGED ABOUT 33 YEARS,
PHOTOGRAPHER,
R/AT GOPALAPURA ROAD,
NEAR THIPPANA GATHAMMA TEMPLE,
CHITRADURGA CITY, CHITRADURGA
PIN - 577501.
Digitally
signed by PERMANENT RESIDING AT
NANDINI MS
Location: KONASAGARA VILLAGE,
HIGH
COURT OF MOLAKAMURU TALUK,
KARNATAKA CHITRADURGA DISTRICT- 577502.

...PETITIONER
(BY SRI. DHARMAPAL, ADV.)
AND:

STATE BY WOMEN POLICE
CHITRADURGA
REP BY SPP
HIGH COURT OF KARNATAKA,
BANGALORE- 560001
...RESPONDENT
(BY SMT. N. ANITHA GIRISH, HCGP)

THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN C.C.NO.461/2023 (CR.NO.45/2023) OF
CHITRADURGA WOMEN P.S., CHITRADURGA DISTRICT FOR THE
OFFENCE P/U/S 323,498A,304B,114,504 R/W 34 OF
IPC
AND
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NC: 2023:KHC:34132
CRL.P No. 8108 of 2023

SEC.3,4 OF D.P ACT ON THE FILE OF THE I ADDL.SENIOR CIVIL
JUDGE AND J.M.F.C CHITRADURGA.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

ORDER

Accused No.1 in C.C.No.461/2023 pending on the file of I

Addl. Senior Civil Judge & JMFC, Chitradurga arising out of

Crime No.45/2023 registered by Chitradurga Women Police

Station, Chitradurga District for the offences punishable under

Sections 304B
,
498A
,
,
,
R/w 34 of
IPC
& Sections

of 3 & 4 of
Dowry Prohibition Act, 1961
is before this Court

under
Section 439
of Cr.P.C,.

2. Heard the learned counsel for the petitioner and

learned High Court Government Pleader for respondent - State.

3. On the basis of the complaint lodged by

Nagendrappa S/o Late Ningappa dated 09.04.2023, FIR in

Crime No.45/2023 was registered by Chitradurga Women Police

against the petitioner herein and 3 others for the aforesaid

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

daughter Roja was married to the petitioner herein on

26.12.2016 and at the time of marriage, the complainant had

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NC: 2023:KHC:34132

CRL.P No. 8108 of 2023

given dowry to the petitioner as demanded. However, the

petitioner and his family members continued to harass her and

ill-treated the complainant's daughter on the ground that she

had not brought sufficient dowry at the time of marriage. It is

further alleged in the complaint that, the petitioner was in illicit

relationship with accused no.3-Yashoda who was working in his

photo studio and he was harassing his wife Roja stating that he

intended to marry Yashoda. On 09.04.2023, the complainant

was informed that his daughter was taken to the hospital.

Immediately the complainant went there and found that his

daughter had died and her dead body was shifted to mortuary.

The complainant suspected the hand of the petitioner in the

death of his daughter and therefore he had registered a

complaint which had resulted in registering FIR in Crime

No.45/2023 against the petitioner and 3 others initially for the

offence punishable under Sections 302, 323, 114, 304B, 498A,

504 R/w 34 of
IPC
& Sections of 3 & 4 of
Dowry Prohibition Act,
. During the course of investigation, the petitioner was

arrested on 11.04.2023. Investigation in the case is complete

and charge sheet has been filed against the petitioner and in

the charge sheet,
Section 302
of IPC has been dropped. The

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CRL.P No. 8108 of 2023

bail application under
Section 439
of Cr.P.C, filed by the

petitioner before the court of Prl. District & Sessions Judge,

Chitradurga in Crl.Misc.No.911/2023 was dismissed on

08.08.2023. It is under these circumstances, the petitioner is

before this court.

4. Learned counsel appearing for the petitioner having

reiterated the grounds urged in the petition submits that even

if the charge sheet material is presumed to be true, the offence

punishable under Section 304B cannot be made out against the

petitioner. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader

for respondent - State has opposed the bail application.

6. Deceased Roja was married to the petitioner on

26.12.2016 and the material on record would go to show that

they have two children from the said wedlock. In the complaint

it is averred that, the petitioner had illicit relationship with

accused no.3-Yashodha who was working in his photo studio

and the deceased Roja had enquired with the petitioner about

his relationship with Yashoda.

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CRL.P No. 8108 of 2023

7. It is the case of the prosecution that the deceased

Roja before committing suicide had left a death note. A perusal

of the death note would indicate that there is no allegation or

averment made in the death note with regard to any demand

for dowry by the petitioner or his family members. In the death

note it is stated that, since the petitioner had illicit relationship

with accused no.3- Yashoda, the deceased was frustrated and

mentally upset and therefore she had taken the extreme step

of committing suicide. For attracting offence punishable under

Section 304B
of IPC, immediately prior to deceased committing

the act of suicide, the husband or his relatives should have

indulged in such an act, amounting to harassing or torturing

the deceased in furtherance of their demand for dowry. Such

an ingredient is not found in the death note of the deceased.

The charge sheet allegation with regard to such act committed

by the petitioner is required to be proved in a full-fledged trial.

The petitioner is in custody since 11.04.2023 and he has no

criminal antecedents. Under these circumstances, I am of the

view that the prayer made by the petitioner for grant of regular

bail is required to be answered affirmatively.

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CRL.P No. 8108 of 2023

8. In view of the above, the petition is allowed. The

petitioner/accused No.1 is directed to be enlarged on bail in

C.C.No.461/2023 pending on the file of I Addl. Senior Civil

Judge & JMFC, Chitradurga arising out of Crime No.45/2023

registered by Chitradurga Women Police Station, Chitradurga

District for the offences punishable under Sections 304B, 498A,

323, 504, 114 R/w 34 of
IPC
& Sections of 3 & 4 of
Dowry

Prohibition Act, 1961
, subject to the following conditions:

a) The petitioner shall execute

personal bond for a sum of Rs.1,00,000/-

(Rupees One lakhs only) with one surety 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;

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CRL.P No. 8108 of 2023

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.

SD/-

JUDGE

NMS