2023 Supreme(Online)(Kar) 32223

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NC: 2023:KHC:43996

CRL.P No. 12227 of 2023

C/W CRL.P No. 12229 of 2023

CRL.P No. 12230 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF DECEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 12227 OF 2023

C/W

CRIMINAL PETITION NO. 12229 OF 2023,

CRIMINAL PETITION NO. 12230 OF 2023

IN CRL.P ;NO.12227/2023:

BETWEEN:

1.

SMT. TASMAEE SHETTY K

D/O SUBASHCHADNRA SHETTY

AGED ABOUT 32 YEARS

R/OP NO.1186,9TH CROSS

3RD MAIN, CHANDRA LAYOUT

VIJAYANGARA, BENGALURU - 560 040.

2.

VIJAYA KAPILA

S/O GIRIYAPPA GOUDA KAPILA

AGED ABOUT 32 YEARS

RA/ 1624, 1ST CROSS

OPP WATER TANK

CHANDRA LAYOUT

VIJAYANAGAR

BANGALORE - 560 040.

…PETITIONERS

(BY SRI. BIPIN HEGDE, ADV.)

AND:

STATE OF KARNATAKA BY

GOVINDRAJA NAGAR POLICE

STATION, BENGLAURU

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA

BENGALURU - 560 001.

…RESPONDENT

Digitally signed

by B A

KRISHNA

KUMAR

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC:43996

CRL.P No. 12227 of 2023

C/W CRL.P No. 12229 of 2023

CRL.P No. 12230 of 2023

(BY SRI M.S. SHYAMSUNDAR, SPL..P.P A/W

SRI JAIRAM SIDDI, HCGP)

THIS CRL.P FILED U/S 482 CR.PC PRAYING TO ENLARGE THE

PETITIONER ON BAIL IN CR.NO.412/2023 OF GOVINDARAJA NAGAR

P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 498A,304B,34 OF

IPC AND SEC.3,4 OF D.P ACT ON THE FILE OF THE XXIV ADDL.C.M.M

COURT BENGALURU CITY.

IN CRL.P NO.12229/2023:

BETWEEN:

1 . GIRIYAPPA GOWDA KAPILA

S/O SUBBANNA GOWDA

AGED ABOUT 68 YEARS.

2 . SEETHAMMA KAPILA

W/O GIRIYAPPA KAPILA

AGED ABOUT 60 YEARS.

ALL ARE RESIDING AT 1624

1ST B CROS, OPP. WAT ER TANK

CHANDRA LAYOUT

VIJAYANAGAR, BENGALURU.

…PETITIONERS

(BY SRI BIPIN HEGDE, ADV., FOR

SRI M.S. SHYAMSUNDAR, SPL.P.P)

AND:

STATE OF KARNATAKA BY

GOVINDARAJA NAGAR POLICE STATION

BENGALURU, REPRESENTED BY S.P.P

HIGH COURT OF KARNATAKA

BENGALURU - 560 001. …RESPONDENT

(BY SRI JAIRAM SIDDI, HCGP)

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NC: 2023:KHC:43996

CRL.P No. 12227 of 2023

C/W CRL.P No. 12229 of 2023

CRL.P No. 12230 of 2023

THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE

PETITIONER

ON

BAIL

IN

CR.NO.412/2023

REGISTERED

BY

GOVINDARAJA NAGAR POLICE STATION, BENGALURU FOR THE

OFFENCE P/U/S 498A, 304B, 34 OF IPC AND SECTION 3 AND 4 OF

DOWRY PROHIBITION ACT ON THE FILE OF XXIV ADDL.C.M.M.,

BENGALURU.

IN CRL.P NO.12230/2023:

BETWEEN:

SRI. RAJESH KAPIL

S/O GIRIYAPPA KAPILA

AGED ABOUT 33 YEARS

RF/O NO.1186, 9TH CROSS

3RD CROSS, CHADNRA LAYOUT

VIJAYANGARA, BENGALURU - 560 040. …PETITIONER

(BY SRI BIPIN HEGDE, ADV., FOR

SRI M.S. SHYAMSUNDAR, SPL. P.P)

AND:

STATE OF KARNATAKA

BY GOVINDARAJA NAGAR

POLICE STATION, BENGALURU

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA

BENGALURU - 560 001. …RESPONDENT

(BY SRI JAIRAM SIDDI, HCGP)

THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE

PETITIONER ON BAIL IN CR.NO.412/2023 OF GOVINDARAJA NAGAR

P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 498A,304B,34 OF

IPC AND SEC.3,4 OF D.P ACT ON THE FILE OF THE XXIV ADDL.C.M.M

COURT BENGALUR CITY.

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NC: 2023:KHC:43996

CRL.P No. 12227 of 2023

C/W CRL.P No. 12229 of 2023

CRL.P No. 12230 of 2023

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

The court held that the petitioners are entitled to be released on bail as there is no prima facie case against them.

Headnote:

BAIL - DOWRY PROHIBITION ACT, 1961 - SECTION 3 & 4 - IPC - SECTION 498A & 304B - BAIL APPLICATION - Petitioners are accused nos.1 to 4 & 10 in Crime No.412/2023 registered by Govindaraja Nagar Police Station, Bengaluru City, for the offences punishable under Sections 498A, 304B, 34 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961. - Petitioners are before this Court under Section 439 Cr.PC. - Petitioners are granted bail subject to conditions.

Fact of the Case:

The deceased Aishwarya was married to accused no.10 who is the son of accused nos.1 & 2, about five years prior to the complaint. Aishwarya had completed her B.Tech and MBA Degree and was earlier working in a IT company. After the marriage, she was staying in her matrimonial house along with her in-laws. When Aishwarya was residing in the matrimonial house along with her in-laws, the accused persons used to quarrel with her on petty issues. Therefore, Aishwarya and her husband had started residing separately in a rented apartment for the last one year. The couple had no issues. It is further averred in the complaint that accused no.1 had abused Aishwarya stating that her character was not good, and therefore, had asked her not to visit her husband's factory. It is also averred that there was a demand for dowry by the accused persons constantly, and therefore unable to bear the torture and ill-treatment meted out by the accused, her daughter Aishwarya had returned to her parents house and she was residing with them for the last 20 days. On 26.10.2023 at about 4.00 p.m., when the complainant and her son returned home, they found that the front door of the house was bolted from inside. Inspite of they knocking the door, nobody opened the door, and therefore, they called Aishwarya over her mobile phone. The said call was not picked up by Aishwarya. Thereafter, the door bolt was opened by the complainant and her son with the help of a pipe and when they entered the house, they saw that Aishwarya had committed suicide in her bedroom in the first floor of the house by hanging herself to the ceiling fan using her chudidar veil. The death note which was written by Aishwarya was also recovered from the said room. The handwriting found in the death note was identified by the complainant and in the complaint, she has stated that the handwriting found in the death note was that of her daughter. Copy of the death note is made available to the court. A perusal of the same would reveal that deceased has not made any allegation against the accused persons which would prima facie attract the offences punishable under Sections 498A, 304B of IPC and Sections 3 & 4 of the Dowry Prohibition Act.

Finding of the Court:

The petitioners have made out a case for grant of regular bail. Accordingly, the following order: The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.412/2023 registered by Govindaraja Nagar Police Station, Bengaluru City, for the offences punishable under Sections 498A, 304B, 34 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961, subject to the following conditions:

Issues: Whether the petitioners are entitled to be released on bail?

Ratio Decidendi: The court observed that there is absolutely no averment in the death note with regard to any payment of dowry or demand for payment of dowry. There is also no allegation that the deceased was being subjected to ill-treatment and harassment by the accused in furtherance of demand for dowry. On the other hand, in the death note, the deceased has thanked her father-in-law and mother-in-law for the love extended to her. It is also stated in the death note by the deceased that her husband is a gem of person and is literally next to god and she also has stated that her final rites is required to be done by her husband and parents. In addition to the above, the material on record would go to show that deceased and her husband were staying separately in a rented apartment for the last nearly one year prior to the date of complaint. Therefore, it is very clear that they were not staying with accused nos.1 to 4 for the last one year prior to the date of complaint. The material on record would also go to show that the marriage of accused nos.3 & 4 was solemnized only on 09.02.2023. As on the said date, the deceased and her husband had already started residing separately in a rented house. Therefore, the allegation against accused nos.3 & 4 that they had ill-treated the deceased in the matrimonial house appears to be prima facie false. The complaint averments would also go to show that about 20 days prior to the date Aishwarya committed suicide, she had returned to her parents house and she was residing with them. Aishwarya has committed suicide in her parents house. It is not the case of the prosecution that any one of the accused persons had visited the house of the complainant during the said 20 days. Therefore, it becomes difficult to believe that the death note was orchestered by accused no.10. The handwriting found in the death note has been identified and the complainant has admitted that the death note is in her daughter's handwriting. Therefore, the argument addressed by the learned Special Public Prosecutor that the subsequent material collected by the Investigating Officer during the course of investigation gives rise to a doubt regarding the contents and genuineness of the averments made in the death note left behind by the deceased, cannot be appreciated.

Final Decision: The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.412/2023 registered by Govindaraja Nagar Police Station, Bengaluru City, for the offences punishable under Sections 498A, 304B, 34 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961, subject to the following conditions: