Karnataka High Court

Raveesha vs State Of Karnataka on 30 July, 2024

Author:
S Vishwajith Shetty

Bench:
S Vishwajith Shetty

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NC: 2024:KHC:29916
CRL.P No. 3155 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF JULY, 2024

BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3155 OF 2024
BETWEEN:

RAVEESHA,
S/O SHIVARUDRAIAH, 32 YEARS,
R/O BOMMANAHALLI VILLAGE,
NITTUR HOBLI, GUBBI TALUK,
DIST: TUMAKURU - 572 223.
...PETITIONER
(BY SRI. BIKKANNAVAR SHANKAR TAMMANNA, ADVOCATE)

AND:

STATE OF KARNATAKA BY
CHELUR POLICE STATION,
GUBBI TALUK, TUMKURU DISTRICT - 572 117,
Digitally signed (REPRESENTED BY STATE PUBLIC PROSECUTOR),
by YAMUNA K HIGH COURT OF KARNATAKA,
L
BENGALURU - 560 001.
Location: High
...RESPONDENT
Court of
Karnataka (BY SRI. K. NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.147/2023
REGISTERED BY CHELUR P.S., TUMAKURU FOR THE OFFENCE
P/U/S 498A, 304B OF
IPC
AND SEC.3 AND 4 OF D.P ACT
PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND
J.M.F.C COURT GUBBI TUMAKURU DISTRICT IN
C.C.NO.27/2024.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:29916
CRL.P No. 3155 of 2024

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER

Accused No.1 in S.C.No.57/2024 pending before the

Court of I Additional District and Sessions Judge, Tumakuru,

arising out of Crime No.147/2023 registered by Chelur Police

Station, Tumakuru District, for the offences punishable under

Sections 498-A
,
304-B
of IPC and
Sections 3
&
of Dowry

Prohibition Act, 1961, is before this Court under
Section 439
of

Cr.P.C.

2. Heard the learned counsel for the parties.

3. F.I.R. in Crime No.147/2023 was registered by

Chelur Police Station, Tumakuru District, initially for the

offences punishable under
Sections 143
,
,
498-A
,
,

304B
,
of IPC and
Sections 3
&
of Dowry Prohibition Act,

1961 against the petitioner herein and five others on the basis

of the first information dated 22.10.2023 received from

Smt.Kalavathi mother of deceased Vinutha.

4. During the course of investigation, petitioner was

arrested on 23.10.2023 and remanded to judicial custody. Bail

application filed by the petitioner before the jurisdictional

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NC: 2024:KHC:29916

CRL.P No. 3155 of 2024

Sessions Court in Crl.Misc.No.1640/2023 was dismissed on

10.11.2023. Therefore, he had approached this Court in

Crl.P.No.12113/2023. The said criminal petition was dismissed

as withdrawn with liberty to the petitioner to file fresh petition

after charge sheet is filed. Hence, petitioner is before this

Court in this successive bail application, after filing of charge

sheet.

5. Learned Counsel for the petitioner submits that

though F.I.R. was registered for the offences punishable under

143, 147, 498-A, 302, 304B, 149 of
IPC
and
Sections 3
&
of

Dowry Prohibition Act, 1961, charge sheet is now filed for the

offences punishable under
Sections 498A
,
304B
IPC and

Sections 3
&
of Dowry Prohibition Act, 1961. He submits that

accused Nos.2 to 5 are already on bail in the present case.

Petitioner has no criminal antecedents and he is in custody for

the last ten months. Accordingly, he prays to allow the petition.

6. Per contra, learned HCGP has opposed the bail

petition and submits that, death has occurred within a span of

one year from the date of marriage. Therefore, there is a

presumption as against the accused persons. In the first

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NC: 2024:KHC:29916

CRL.P No. 3155 of 2024

information, there are allegations with regard to the

harassment of the deceased and she was being abused and

assaulted in her matrimonial house. He accordingly, prays to

dismiss the petition.

7. Marriage of the deceased - daughter of the first

informant was solemnized with the petitioner herein on

27.01.2023. In the first information, it is alleged that at the

time of marriage as per the demand made by the accused, the

family members of deceased had given dowry and inspite of the

same, there was demand for payment of additional dowry and

in this background Vinutha was harassed in her matrimonial

house. It is alleged in the first information that petitioner

herein had assaulted Vinutha with sickle on her head, but no

compliant was lodged since uncle of the petitioner had assured

that he would advice the petitioner. The dead body of

deceased-Vinutha was found in a lake in Chelur, Tumakuru

District. On the basis of the first information submitted, initially

F.I.R. was registered against accused persons invoking
Sections
and
304B
of IPC amongst other offences. After

investigation, charge sheet has been now filed for offence

punishable under
Sections 498A
and
304B
of IPC and Sections

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NC: 2024:KHC:29916

CRL.P No. 3155 of 2024

3 & 4 of
Dowry Prohibition Act, 1961
. The offence under

Section 302
of IPC is dropped in the charge sheet. As per the

postmortem report, death of deceased has occurred as a result

of asphyxia due to drowning. Petitioner who has no criminal

antecedents is in custody from 23.10.2023. Undisputedly all

the other accused are already enlarged on bail. Allegations

against the petitioner is required to be proved in a full fledged

trial. Under these circumstances, I am of the view that

petitioner has made out a case for grant of regular bail.

Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in

S.C.No.57/2024 pending before the I Additional District and

Sessions Judge, Tumakuru arising out of Crime No.147/2023

registered by Chelur Police Station, Tumakuru for the offences

punishable under
Sections 498-A
,
304-B
of IPC and
Sections 3

and
of Dowry Prohibition Act, 1961 subject to the following

conditions:

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NC: 2024:KHC:29916

CRL.P No. 3155 of 2024

a) The petitioner shall execute a 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 the said Court until the case
registered against him is disposed off.

e) The petitioner shall not involve in similar
offences in future.

Sd/-

(S VISHWAJITH SHETTY)
JUDGE

GPG

List No.: 1 Sl No.: 33

CT: BHK