IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.2396/2019 BETWEEN:
1. ASHWIN @ BINDUSARA S/O YATEESH KUMAR AGED ABOUT 26 YEARS 2. YATEESH KUMAR S/O LATE C.V. SHANTHAPPA AGED ABOUT 52 YEARS 3. ARUNDATHI W/O YATEESH KUMAR AGED ABOUT 48 YEARS ALL ARE R/O CHIKKAKOTE VILLAGE ALUR TALUK HASSAN DISTRICT – 577 101.
(BY SRI GIRISH B. BALADARE, ADVOCATE) AND:
STATE BY SAKALESHPURA RURAL POLICE STATION HASSAN REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. (BY SRI HONNAPPA, HCGP) ... PETITIONERS …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.31/2019 REGISTERED BY SAKALESHPURA RURAL POLICE ON 21.02.2019 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498(A), 323, 114, 341, 506 READ WITH SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT WHICH IS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, SAKALESHPURA, ON SUCH TERMS AND CONDITIONS.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard learned counsel for the petitioners and perused the records.
2. A complaint was lodged by one Seema, wife of the first petitioner making allegations that the marriage between the complainant and the first petitioner had taken place about 11 months prior to lodging of the complaint. At the time of marriage, there was demand for dowry and for gold articles and even after marriage, that demand continued. In this context, it is alleged that on 21.02.2019, when the victim/complainant was in the house of her parents, all the accused persons have abused her in filthy language and assaulted her with their hands in demand of gold and further dowry amount. On these allegations, the police have registered a case and investigated the matter. They have approached the III Additional District and Sessions Judge at Hassan for grant of bail. However, one accused by name Abhi W/o Bindukumara was granted with bail. The allegations are almost similar.
3. In the above said circumstances, as it is a matrimonial matter, if the accused are sent to jail under the above said allegations, particularly when there is no damage has been done to the body of the victim, the chances of compromise between the parties may be weakened. Hence, I am of the opinion that the Court should always lean in favour of uniting the husband and wife so as to make them to join together for that an avenue should be created. Therefore, I feel it just and necessary to enlarge the petitioners also on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.31/2019 of Sakaleshpura Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and they shall execute their respective personal bond for a sum of Rs.50,000/- each (Rupees fifty thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall not leave the jurisdiction of Hassan District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
iv) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE ca