Allowed

Doddegowda a T v. State by

Karnataka HC13 Jan 2022CRL.A/1406/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed an appeal against rejection of bail. The court held that since trial court granted bail to other co-accused, the appellant is entitled to bail on the ground of parity. Impugned order set aside and bail granted with conditions.

What did the court decide?

Bail granted to appellant in Spl.Case No.146/2020 with personal bond of Rs.25,000/- and two sureties, appearance before court, and prohibition on tampering with witnesses.

Doddegowda a T Vs State by — Caste Atrocities | Karnataka HC (2022)

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CRL.A.No.1406/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^th DAY OF JANUARY 2022

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BEFORE

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THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

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CRIMINAL APPEAL NO.1406 OF 2021

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BETWEEN:

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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

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STATE BY KUNIGAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING – 560 001

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

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(BY SRI.SHANKAR H.S., HCGP FOR R.1; R2 SERVED AND UNREPRESENTED)

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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.

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

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JUDGMENT

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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.

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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.

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Initially the said FIR was registered for the offences punishable under Sections 498A, 304B read with

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CRL.A.No.1406/2021

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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.

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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.

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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

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CRL.A.No.1406/2021

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their community, they could have got heavy dowry. It is further alleged that the accused got forcibly terminated the pregnancy of the victim.

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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.

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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.

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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.

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CRL.A.No.1406/2021

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The impugned order dated 12.01.2021 passed in

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

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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:

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(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;

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(ii) He shall appear before the Court as and when required for trial;

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(iii) He shall not tamper the prosecution witnesses in any manner.

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Sd/JUDGE

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akc

Doddegowda a T v. State by

Case brief

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Doddegowda a T v. State by

Case brief

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