Doddegowda A T vs State By
2022 Latest Caselaw 628 Kant

Citation : 2022 Latest Caselaw 628 Kant
Judgement Date : 13 January, 2022

Karnataka High Court

Doddegowda A T vs State By on 13 January, 2022

Bench: K.S.Mudagal

                                           CRL.A.No.1406/2021


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 13th DAY OF JANUARY 2022

                        BEFORE

      THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

       CRIMINAL APPEAL NO.1406 OF 2021

BETWEEN:

DODDEGOWDA A.T.
S/O LATE THIMMAPPA
AGED ABOUT 34 YEARS
R/AT ARAKERE VILLAGE
KASABA HOBLI, KUNIGAL TALUK
TUMAKURU DISTRICT - 572 135             ... APPELLANT

(BY SRI.RAVIKUMARA B R, ADV.)

AND

1.    STATE BY KUNIGAL POLICE STATION
      REPRESENTED BY
      STATE PUBLIC PROSECUTOR
      HIGH COURT BUILDING - 560 001

2.    BHAGYAMMA
      W/O NAGARAJU
      AGED ABOUT 38 YEARS
      RAMACHANDRA AGRAHARA
      NAGAMANGALA TALUK
      MANDYA DISTRICT
      NOW R/AT NO.55, 5TH CROSS
      RAJIVGANDHINAGARA, LAGGERE
      BENGALURU - 560 068       ... RESPONDENTS

(BY SRI.SHANKAR H.S., HCGP FOR R.1;
    R2 SERVED AND UNREPRESENTED)
                                                   CRL.A.No.1406/2021


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      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14
A(2) SC/ST (POA) ACT, 1989 READ WITH SECTION 439 CR.P.C
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
12.01.2021 IN CRL.MISC.NO.1258/2020 PASSED BY THE III
ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU AND
CONSEQUENTLY ALLOW THIS APPEAL BY GRANTING BAIL TO
THE APPELLANT IN CR.NO.123/2020 (SPL.C.C.NO.146/2020)
PUNISHABLE UNDER SECTIONS 498A, 304B, 306, 34 OF IPC
AND UNDER SECTIONS 3, 4 OF D.P ACT R/W SEC.3(1)(r)(s),
3(1)(w), 3(2)(v) OF SC/ST (POA) ACT.

     THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT THROUGH VIDEO CONFERNECE
DELIVERED THE FOLLOWING:

                          JUDGMENT

Aggrieved by the rejection of his bail petition,

accused No.1 in Spl.C.C.No.146/2020 on the file of the III

Additional District and Sessions Judge, Tumkur has

preferred the above appeal.

2. Spl.C.C.No.146/2020 arises out of the charge

sheet filed by the first respondent-Kunigal Police in Crime

No.123/2020 of their police station. Appellant is accused

No.1 and his mother and sisters are accused Nos.2 to 4

respectively in the said case.

3. Initially the said FIR was registered for the

offences punishable under Sections 498A, 304B read with CRL.A.No.1406/2021

Section 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w)

and 3(2)(v) of Scheduled Caste and Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2015 ('the

SC/ST Act' for short). While filing the charge sheet, the

first respondent Police have included Section 306 of IPC

also.

4. The marriage of the appellant and deceased

Shambhavi was solemnized on 25.05.2018. Shambhavi

belonged to Scheduled caste and accused belonged to

Vokkaliga community. Shambhavi committed suicide on

09.05.2020 by hanging herself in the house of her mother

in law - accused No.2.

5. Shambhavi's mother filed complaint before the

first respondent Police alleging that accused Nos.1 and 2 at

the instigation of accused Nos.3 and 4 subjected

Shambhavi to cruelty in connection with their demand for

dowry. She further alleged that all the accused subjected

the victim to cruelty on the ground that she belonged to

scheduled caste, had the appellant married a girl from CRL.A.No.1406/2021

their community, they could have got heavy dowry. It is

further alleged that the accused got forcibly terminated the

pregnancy of the victim.

6. While filing the charge sheet the Police

concluded that the abortion was accidental one. However,

they have charge sheeted the accused for causing dowry

death, abetment of suicide and also for the offence under

the SC/ST Act.

7. As per the complaint, accused No.2 received

the dowry. The allegation of cruelty in connection with

demand for dowry and her caste discrimination are

common against all the accused. The trial Court has

granted bail to accused Nos.2 to 4. The post mortem

report does not indicate any external injuries on the dead

body except the ligature mark.

8. Under the said circumstances, the appellant is

entitled to grant of bail on the ground of parity. The trial

Court has failed to consider the parity ground. For the

aforesaid reasons the appeal is allowed.

CRL.A.No.1406/2021

The impugned order dated 12.01.2021 passed in

Crl.Misc.Pet.No.1258/2020 is set aside.

The appellant's bail application is allowed. He is

granted bail in Spl.Case No.146/2020 on the file of the III

Addl. District and Sessions Judge, Tumkur subject to the

following conditions:

(i) The appellant shall execute personal bond in a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties in the like sum to the satisfaction of the trial Court;