IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.8847/2018 BETWEEN:
G.N. Naveen, S/o G. S. Nagaraju Aged About 29 years, Working as Quality Engineer Residing at No.36/3 Gokula 2nd Stage,8th Main Cross, Vivekananda Road, Baddihalli Extension Tumkur-572 101. ... Petitioner (By Sri. Shiva Prasad Y.S, Advocate) AND:
The State of Karnataka By Women Police Tumkur Town Reptd. by SPP High Court Buildings Bangalore-560 001. ... Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed u/s.438 CR.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.110/2018 of Women Police Station, Tumakur District for the offence p/u/ss. 498A, 504,506 r/w 34 of IPC and Section 3 and 4 of Dowry Prohibition Act.
This petition coming on for orders this day, the Court made the following;
ORDER Women Police Station, Tumkur Town have registered Crime No.110/2018 against the petitioner and his parents ( Accused Nos.2 and 3) for the offences punishable under Sections. 498A, 504, 506, 323 read with 34 of the IPC 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, on the basis of complaint of Smt. Shubhashree, wife of the petitioner.
2. The marriage of the petitioner and Shubhashree was solemnized on 20/04/2016. The couple have a daughter aged about one year. It is alleged that the petitioner and other accused persons subjected Smt.Shubhashree to physical and mental cruelty in connection with their unlawful demand and on the ground that she has given birth to a female child. It is further alleged that the petitioner drove Shubhashree and her daughter from the matrimonial house on 15/08/2018 at 6.30 p.m and on 19/10/2018 at 11.00 a.m. the petitioner assaulted the complainant and her father in her parents house. It is alleged that the accused persons intimidated her and her parents.
3. The offences alleged are triable by the Magistrate.
The petitioner has also filed a complaint against the complainant-Shubhashree and her parents on 19/10/2018 which is registered in Crime No.131/2018 of Tumkur Town Police Station for the offences punishable under Sections.323, 324, 504, 506 read with 34 of IPC. The majority of the witnesses to speak to the cruelty, are close relatives of complainant. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions.
4. The petition is allowed. Petitioner is granted anticipatory bail in Crime No.110/2018 of Women Police Station, Tumkur Town, subject to following conditions:-
i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii) He shall execute personal bond in a sum of Rs.25,000/- and furnish one surety in the likesum to the satisfaction of the Investigating Officer/Court for his appearance.
iii) He shall appear before Investigating Officer/Court as and when required for the purpose of investigation/trial.
Sd/- JUDGE Msu