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Judgment
S Vishwajith Shetty, J
Accused No.1 in Crime No.65/2023 registered by Holehonnur Police Station, Shivamogga for offences punishable under Sections 498A, 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking anticipatory bail.
Heard the learned counsel for the parties.
On the complaint of Sri.Manikappa S/o Govindappa dated 24.03.2023, FIR in Crime No.65/2023 was registered by Holehonnur police station against petitioner and another person for the aforesaid offences. In the complaint it is averred that complainant's daughter Anitha was in love with the petitioner and they had got married about seven months prior to the incident against the wishes of the complainant and his family members. On 24.03.2023, the petitioner informed the complainant that his daughter was not well. Therefore, complainant instructed his relative Shivu to visit his daughter. At about 8.30 p.m. on said date, Shivu informed complainant that his daughter had died. Thereafter, at about 3.30 p.m., the complainant lodged a complaint and based on the same, FIR was registered in Crime No.65/2023.
Petitioner's bail application filed before the Court of the IV Additional District and Sessions Court, at Shivamogga sitting at Bhadravathi in Crl.Misc. No.5116/2023 came to be dismissed on 09.06.2023. Under these circumstances, the petitioner is before this Court.
Learned counsel for the petitioner submits that the averments made in the complaint lack the necessary ingredients for invoking Section 304B of IPC. He accordingly prays to allow the petition.
Per contra, the learned HCGP has opposed the bail petition.
The material on record goes to show that marriage of the petitioner with the daughter of the complainant was a love marriage and they had married against the wishes of the complainant and his family members. The complaint averments would go to show that after the marriage, the complainant and his family members were not in touch with his daughter. In the complaint there are no allegations against the accused persons about harassing or ill treating the deceased. There is also no allegation of any demand made by accused persons for payment of dowry. Undisputedly, the marriage of the petitioner with deceased was a love marriage and against the wishes of the complainant. Therefore, question of payment of dowry or demand for dowry does not arise. The material on record would go to show that at this stage, the necessary basic ingredient for attracting an offence under Section 304B of IPC is not present in the case. Under these circumstances, I am of the view that the petitioner has made out a prima facie case for grant of anticipatory bail. Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.65/2023 registered by Holehonnur Police Station, Shivamogga District for the offences punishable under Sections 498A, 304B read with Section 34 of IPC, subject to the following conditions:
The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon till filing of final report.
The petitioner shall not involve in similar offences in future.