Karnataka High Court
Shivasharanappa S/O ... vs The State Of Karnataka on 9 May, 2023
Bench: Ramachandra D. Huddar
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CRL.P No. 200473 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
CRIMINAL PETITION NO. 200473 OF 2023
BETWEEN:
SHIVASHARANAPPA S/O CHANDRASHEKHAR
ATTADMANI
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O HONNAKIRANGI,
TQ AND DIST KALABURAGI - 585308.
...PETITIONER
(BY SRI RAJESH DODDAMANI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH FARTHABAD POLICE STATION,
Digitally
signed by FARTHABAD
SACHIN NOW REPRESENTED BY
Location: THE ADDITIONAL STATE PUBLIC PROSECUTOR,
High Court
of HIGH COURT OF KARNATAKA,
Karnataka KALABURAGI BENCH - 585102.
...RESPONDENT
(BY SRI GURURAJ V. HASILKAR, HCGP)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.PRAYING ALLOW
THIS PETITION AND RELEASE THE PETITIONER/ ACCUSED
NO.7 (AS PER FIR) ON BAIL IN CONNECTION WITH
CR.NO.31/2023 OF FARTHABAD POLICE STATION FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 143, 498(A),
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CRL.P No. 200473 of 2023
304(B) R/W SEC. 149 OF INDIAN PENAL CODE, NOW PENDING
ON THE FILE OF THE HONOURABLE II ADDITIONAL CJ ((JD) &
JMFC KALABURAGI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused has filed the petition under
Section 439 of Code of Criminal Procedure seeking to enlarge
him on regular bail in Crime No.31/2023 of Ferhatabad Police
Station, Kalaburagi registered for the offences punishable under
Sections 143, 498(A), 304(B) read with Section 149 of Indian
Penal Code, which is now pending on the file of II Additional
Civil Judge and Judicial Magistrate First Class, Kalaburagi.
2. Brief facts of the prosecution case as per FIR are as
under;
One Sidram S/o Baburay Bhukka who is the father of the
deceased Mahananda lodged a complaint before the
respondent-Police alleging that, on 25.04.2022, the marriage of
his daughter by name Mahannda was performed with the
accused No.1- Raju in Honnakiranagi village as per their
customs prevailing in their community. At the time of marriage,
five tolas of gold and household articles were given to the
CRL.P No. 200473 of 2023
parents of accused No.1. After the marriage, initially the
petitioners/accused persons treated her properly. Thereafter,
they demanded her to bring additional dowry and gold from her
parental house and subjected her cruelty both physically and
mentally. About 2-3 months back, her daughter informed him
about harassment and cruelty did by the accused persons. This
fact was informed by Mahananda over phone. It is stated that,
the complainant, his wife, and son-in-law went to the house of
accused No.1 at Honnakiranagi village, advised the accused
persons not to do such act on the deceased Mahananda. It is
alleged that, the accused No.7/petitioner herein replied that
they know how to treat the women and asked them to go and
abused them in filthy language.
3. On 04.04.2023 at about 11.45 a.m. complainant
and his son Shrishail had been to Jewargi, accused No.1
informed him over phone that, his wife Mahananda consumed
pesticide. They are shifting her to Kalaburagi Hospital, asked
them to come there. It is stated that, when the complainant
and his son were proceeding towards Kalaburagi from Jewargi
by bus, near Farhatabad, they enquired about her condition
over phone. Accused No.1 replied that, they were bringing her
CRL.P No. 200473 of 2023
to Honnakiranagi village and asked them to stand near
Kotanoor Math. Accordingly, at about 12.30 noon, when they
were waiting near Kotanoor Math, the accused persons came
there in Cruiser vehicle along with dead body of his daughter
Mahananda and informed them that, the Mahananda died. On
suspicion, they enquired them about the death of his daughter
Mahananda. But accused persons ran away from the spot, left
the dead body. Thereafter a complaint came to be filed
registered in Crime No.31/2023 for the offence punishable
under Sections 143, 498(A), 304(B) read with Section 149 of
Indian Penal Code by the Ferhatabad Police Station.
4. The learned counsel for petitioner submits that, the
petitioner is a law abiding citizen and has not committed any
crime. There is no prima facie case made out agaisnt the
petitioner. He has been implicated in this case only because he
is uncle of accused No.1. As per the complaint allegations, all
the family members of the husband of the deceased are
impleaded as accused in this case. The allegation against the
petitioner is that during the panchayat he had told that he
knows how to treat women in their family. Except the same
there is no allegation against the petitioner. It is stated that, he
CRL.P No. 200473 of 2023
has been arrested and remanded to judicial custody on
05.04.2023 and since then he is judicial custody. He is coming
from respectable family. He is the permanent resident of the
address so stated in the petition. He has no criminal
antecedents and is ready and willing to abide any conditions
imposed by this Court. Among other grounds, it is prayed to
release him on bail.
5. On the other hand, learned High Court Government
Pleader filed statement of objection denying the allegation
made in the bail petition. In addition to narrating the gist of the
complaints, it is contended that, the accused persons named in
the complaint have demanded the deceased to bring additional
dowry and gold ornaments from her parental house and they
subjected her cruelty both physically and mentally. Because of
the persistent act of the accused persons, she committed
suicide by consuming pesticides. It is further stated that, these
accused persons are also members of criminal conspiracy to
commit the suicide of deceased. Hence, it is prayed to dismiss
the petition.
CRL.P No. 200473 of 2023
6. Heard the learned counsel for the petitioner and the
learned High Court Government Pleader for the
respondent/State.
7. Having heard the arguments and on meticulous
reading of the records placed by the prosecution, it reveals
that, this criminal case arise out of a complaint filed by the
complainant before the respondent-police on 04.04.2023
alleging that, he is the resident of the address so stated in the
complaint. The complainant has got four children and his
daughter Mahananda has been married with accused No.1 on
25.04.2022 as per their ritual prevailing in their family. They
have also given five tolas of gold, household articles and also
money as dowry. It is alleged that the accused persons
persistently harassed both mentally and physically demanded
to bring more dowry. About 2-3 months back deceased
Mahananda informed the complainant about cruelty given by
the accused and called the complainant with regard to
persistent harassment by the accused persons. Therefore, a
panchayat was conducted at Honnakirnanagi Village. At that
time the present petitioner was also present. There was advise
to the accused persons. At that time, this petitioner gave a
CRL.P No. 200473 of 2023
threat stating that they know how to treat the women in their
family and abused them in filthy language.
8. It is further stated that on 04.04.2023 at about
11.45 a.m. when the complainant and his son Shrishail were at
Jewargi Village at that time accused No.1 - Raju husband of
the deceased called the complainant on mobhile phone and
informed that Mahananda has consumed the pesticides and
they are taking her to Kalaburagi hospital. Immediately, the
complainant, his son boarded the bus to Kalaburagi. When they
were at Farhatabad, they enquired about the health condition
of deceased, it is told that, now they are at Honnakiranagi
Village and at about 12.30 noon when the complainant and his
son were waiting near Kotanoor Math, one cruiser vehicle came
there and in the said vehicle, the mother-in-law of accused
no.1 and other members of the family informed the
complainant that deceased Mahananda is no more.
9. It is further stated that, the said cruiser vehicle was
stopped and the accused persons by parking the said vehicle
ran away from the spot. Thereafter, the complainant and others
came to the Farhatabad Police Station along with dead body of
CRL.P No. 200473 of 2023
Mahananda. With these allegations a complaint came to be filed
which is registered in the above said crime in which now the
petitioner is seeking bail.
10. On perusal of the complaint, it reveals that the said
deceased Mahananda was married to accused No.1 on
25.04.2022. It is alleged that the accused No.1 and his family
members harassed the deceased both physically and mentally.
They demanded to bring more dowry from the parental house
of the deceased. As it was informed to the complainant, a
panchayat was conducted, at that time the present petitioner
spoke as under :-
"£À£Àß C½AiÀÄ gÁdÄ£À PÁPÀ£ÁzÀ ²ªÀ±g
À t
À ¥Áà EvÀ£ÀÄ £ÀªÀÄUÉ
ºÉtU
ÂÚ É ºÉÃUÉ £Àq¹
É PÉƼÀî¨ÃÉ PÀÄ UÉÆwÛzÉ ¤ÃªÀÅ ¸ÀĪÀÄä£Éà ºÉÆÃVj CAvÀ
£ÀªÀÄUÉ ¨ÉÊzÀÄ PÀ¼ÀÄ»¹gÀÄvÁÛg.É "
11. It is alleged that, on 04.04.2023 it is informed to
the complainant and his son that deceased Mahananda has
consumed pesticide. She was taken to the Government
Hospital, Kalaburag. When the complainant came to Kotanoor
Math they noticed that Mahananda was no more. Therefore, an
CRL.P No. 200473 of 2023
allegation is made against the accused persons that this
present petitioner is involved in the commission of the offence.
12. On perusal of the complaint averments the
allegation against the present petitioner is that
"....gÁdÄ£À PÁPÀ£ÁzÀ ²ªÀ±g
À t
À ¥Áà EvÀ£ÀÄ £ÀªÀÄUÉ ºÉtU
ÂÚ É ºÉÃUÉ
£Àq¹
É PÉƼÀî¨ÃÉ PÀÄ UÉÆwÛzÉ ¤ÃªÀÅ ¸ÀĪÀÄä£Éà ºÉÆÃVj CAvÀ........."
13. According to the petitioner, he is aged 51 years and
is a law abiding citizen. From the date of arrest i.e., on
05.04.2023 he is in judicial custody. He is the only earning
member of the family. It is submitted that, the if the petitioner
is not enlarged on bail his family will be put to great hardship.
14. As rightly submitted by the learned counsel for the
petitioner, there are no accusations against present petitioner
that, he is involved in persistent harassment, ill-treatment on
the deceased at any point of time i.e., except the say that, they
know how to treat woman, there are no allegations against
him.
15. Learned High Court Government Pleader submits
that, investigation is still going on and if the petitioner is
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CRL.P No. 200473 of 2023
enlarged on bail, he may tamper with the prosecution evidence
and it will cause hindrance to the investigation.
16. On perusal of the statement of objections filed by
the learned High Court Government Pleader, these are all the
formal objection raised by the respondent to every bail
application. There are no serious allegations are made against
the petitioner. Law with regard to grant/refusal of bail is almost
settled.
17. Law with regard to grant of bail is very much
settled in the judgment of the Hon'ble Apex Court in the case of
Dattaram Singh v. State of Uttar Pradesh reported in
(2018) 3 SCC 22.
"A fundamental postulate of criminal
jurisprudence is the presumption of innocence,
meaning thereby that a person is believed to be
innocent until found guilty. However, there are
instances in our criminal law where a reverse onus
has been placed on an accused with regard to some
specific offences but that is another matter and does
not detract from the fundamental postulate in
respect of other offences. Yet another important
facet of our criminal jurisprudence is that the grant
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CRL.P No. 200473 of 2023
of bail is the general rule and putting a person in jail
or in a prison or in a correction home (whichever
expression one may wish to use) is an exception.
Unfortunately, some of these basic principles appear
to have been lost sight of with the result that more
and more persons are being incarcerated and for
longer periods. This does not do any good to our
criminal jurisprudence or to our society."
Yet in another judgment of the Hon'ble Supreme
Court in Arnesh Kumar v. State of Bihar reported in
(2014) 8 SCC 273, which makes it mandatory that in any
case where the offence is punishable with imprisonment for
a term which may extend to 7 years, the accused may not
be automatically arrested and the Magistrate may not
authorize the detention casually and mechanically.
18. By applying the principles so stated in the above
judgments, if the petitioner is granted bail, with conditions, it
would meet the ends of justice. Hence, petitioner is held
entitled for bail.
Resultantly, I pass the following :
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CRL.P No. 200473 of 2023
ORDER
The bail petition filed by the petitioner under
Section 439 of Cr.P.C is allowed.
Petitioner is directed to be enlarged on regular bail in
Crime No.31/2023 of Ferhatabad Police Station, Kalaburagi
pending on the II Addl. Civil Judge and JMFC, Kalaburagi
registered for the offences punishable under Sections 143,
498(A), 304(B) read with Section 149 of Indian Penal Code,
subject to following;
CONDITIONS
1. The petitioner shall execute a personal bond for a
sum of `1,00,000/- with two sureties for like sum to
the satisfaction of the jurisdictional Court;
2. The petitioner shall not threaten or tamper the
prosecution witnesses;
3. The petitioner shall mark his attendance before the
respondent's police once in a week preferably on
Sunday between 8.00 a.m. and 4.00 p.m., and sign
a register to be maintained by the Station House
Officer to that effect;
4. The petitioner shall not involve in similar offences;
5. The petitioner shall appear before the Investigating
Officer as and when called upon for the purpose of
further investigation and co-operate for
investigation.
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CRL.P No. 200473 of 2023
Breach of any of these conditions would entail cancellation of
bail.
Sd/-
JUDGE
SN
