IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6904 OF 2018 BETWEEN:
ARUN KUMAR M.S.
S/O M.N.SHRIKANTAPPA AGE:32 YEARS OCCUPATION:WORKING AS CONSTABLE AT KONANUR POLICE STATION ARAKULGOD TALUK R/AT MUSAVATTUR VILLAGE MALLIPATNA HOBLI ARAKALAGUD TALUK HASSAN DISTRICT – 573 102 ...PETITIONER (BY SRI B.O.CHANDRASHEKAR., ADV.) AND STATE OF KARNATAKA BY ARAKALAGUD POLICE HASSAN DISTRICT REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.284/2018 OF ARAKALGUD POLICE STATION, HASSAN FOR THE OFFENCES P/U/S 498(A), 323, 324, 307 R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in Crime No.284/2018 of Arakalagud Police Station, Hassan District. The said case is registered against the petitioner, his parents, sister and brother-in-law for the offences punishable under Sections 498A, 323, 324, 307 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Marriage of the petitioner with the complainant was solemnized on 2.11.2017. It is alleged that the accused subjected the complainant to physical and mental cruelty in connection with their demand for dowry and insisting that she should vacate the house to facilitate them to perform the second marriage of the petitioner. It is further alleged that on 30.6.2018 at 9.00 a.m., when complainant was about to leave for her office, the accused tied her hands and legs by rope, assaulted on her head and legs with hangers, other parts of her body with belt, stuffed chilli powder into her private part and stabbed her private part with knife. It is further alleged that thereafter the petitioner and his parents forcibly administered chlorguard to the complainant and thereafter the petitioner admitted her to Shanivarasanthe Government Hospital.
3. The medical records of Shanivarasanthe Government Hospital and District Hospital, Hassan, do not indicate any injuries corresponding to the alleged assault on the complainant on her head, legs, etc. or traces of chilli powder. She was taken to the hospital with history of consuming some unknown compound.
4. The mitigating circumstance is that petitioner himself had taken her to the hospital. According to him, she attempted to consume chlorguard to threaten him.
5. The discharge summary issued by Janapriya Hospital states that complainant was treated as indoor patient from 30.6.2018 to 21.7.2018. According to that discharge summary, there was only one contusion on the left thigh of the complainant and was brought with history of forceful poisoning. Thereafter there are several over-writings in the history column.
6. The incriminating materials are already seized.
The FSL report is also filed. The other accused are already granted bail. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.284/2018 of Arakalagud Police Station, Hassan District, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
5. He shall mark his attendance before the Investigating Officer on every Sunday till completion of the investigation.
In view of disposal of the main petition, I.A.No.1/2018 does not survive for consideration. It stands disposed of accordingly.
Sd/- JUDGE KNM/-