The High Court granted bail to the petitioner, an accused in a dowry death case involving suicide, noting the lack of direct evidence of ill-treatment and parity with other co-accused already on bail.
Enlargement on bail on self bond of Rs.50,000 with one solvent surety subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA
DATED THIS THE 11TH DAY OF FEBRUARY, 2013
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.15117 OF 2013
BETWEEN: Veeresh Gouda S/o Bhagavanthappa Age: 23 years, Occ: Agriculture, R/o Jambaldinni Village, Taluk & District: Raichur.
… Petitioner
(Shri Prakash Yeli, Advocate)
AND: The State of Karnataka By Idapanur Police, Represented by the State Public Prosecutor, High Court Building, Gulbarga.
… Respondent
(Shri S S Aspalli, Government Pleader)
This Criminal Petition is filed under Section 439 of Code of Criminal Procedure, 1973, praying to enlarge the petitioner on bail who is accused No.1 in Crime No.44/2012
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(C.C.No.9/2013), which is registered for the offence punishable under Section 498-A, 306, 114, 149 of the Indian Penal Code, 1860.
This petition coming on for orders this day, the Court made the following:
O R D E R
Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent.
Sections 498-A, 306, 114, 149 of the Indian Penal Code, 1860 apart from Sections 3 and 4 of the Dowry Prohibition Act, 1961. It is alleged that the petitioner was the husband of one Sunita and it is alleged that they were married about two years prior to the incident. Though at the time of marriage the petitioner had been provided with cash and gold, immediately thereafter, the family of the petitioner and the petitioner started ill-treating Sunita and asked her to get more dowry from her parents’ house and consequently tortured her, both physically and mentally. The deceased was actively instigated by other
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accused and they were also taunting her that she was not good looking and was unable to bear children and it is stated that on account of which the victim had consumed pesticide and died on 05.07.2012. On the basis of the statements of several witnesses that a case has been instituted against the petitioner and others. The Court below had granted anticipatory bail in respect of accused Nos.3 and 5 and this Court has granted bail in respect of two others. The petitioner who had approached this Court earlier, withdrew the petition with liberty to file a fresh petition after the charge sheet was filed. The charge sheet is now been filed and that the learned counsel for the petitioner would contend that the allegations against all the accused are identical. In that, on account of constant harassment and instigation the victim committed suicide. There are no direct witnesses in respect of any alleged physical and mental illtreatment, except the statement of the witnesses, which is to be established at the trial. Since the other accused have been granted bail, notwithstanding that the allegations were common,
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by a parity of reasoning, the petitioner also claims to be entitled to bail.
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custody may result in miscarriage of justice. Accordingly, the petitioner has made out a case for grant of bail.
be enlarged on bail, subject to the following conditions:
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2 issues framed by the court
Whether bail should be granted to the petitioner accused under Sections 498-A, 306, 114 and 149 IPC despite the death of the victim by suicide.
Whether the absence of direct evidence of ill-treatment necessitates the grant of bail to avoid miscarriage of justice.
6 provisions across 3 enactments
Veeresh Gouda
The State of Karnataka
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
