IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1647/2019 BETWEEN:
Smt. Kalavathi W/o Sri Somanna, Aged about 55 years, Presently R/at Rajarajeshwari Nagara, I Block, II Main, Bengaluru-560 047, Permanent R/o Kuyyangeri Village and Post, Madikeri Taluk, Kodagu-571 214. ...Petitioner (By Sri.B. L. Sanjeev, Advocate) AND:
1. The State of Karnataka By Madikeri Town Police Station, Madikeri.
Rept. by the State Public Prosecutor, High Court Building, Bengaluru-560 001.
2. Smt. Shashikala W/o Chirag, Major in age, Near Kaveri Hall, Madikeri-571 201, Kodagu. ... Respondents (By Sri. M. Divakar Maddur, HCGP for R-1; R-2 is served and unrepresented) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.198/2018 of Madikeri Town Police Station, Kodagu for the offences punishable under Sections 406, 420, 498A of IPC, under Sections 3(1)(R) and 3(1)(S) of the SC and the ST (Prevention of Atrocities) Act, 1989 and also under Sections 3 and 4 of Dowry Prohibition Act, 1961.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.2 under Section 438 of Cr.P.C. praying this Court to release her on anticipatory bail in the event of her arrest in Crime No.198/2018 of Madikeri Town Police Station, Kodagu for the offences punishable under Sections 406, 420, 498A of IPC, under Sections 3(1)(R) and 3(1)(S) of the SC and the ST (Prevention of Atrocities) Act, 1989 and also under Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State. Though notice is served to the complainant, she has remained absent.
3. This case is taken out of turn on the submission of the learned counsel for the petitioner that the petitioner is suffering with hyper diabetics and she is unable to move out of the house.
4. It is the submission of the learned counsel for the petitioner that the petitioner-accused No.2 is innocent and she has not committed any offence as alleged in the complaint. A baseless complaint has been registered against the petitioner-accused No.2. It is his further submission that accused No.1-son of the petitioner and accused No.3-husband of the petitioner have been released on bail, on the ground of parity the present petitioner is also entitled to be released on bail. It is his further submission that the said complaint has been registered as a private complaint, nowhere in the complaint, a single word has been uttered with regard to the offence said to have been committed by the petitioner-accused No.2, as such, provisions of Section 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Act’ for brevity) are not attracted. He further submitted that a divorce petition has been already filed in respect of the said marriage, which is in dispute. He further submitted that the alleged offences are not punishable with death or imprisonment for life. The petitioner-accused No.2 is ready to abide by any conditions that may be imposed on her by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.2 has ill-treated and harassed the complainant by demanding dowry, who is a down trodden lady. He further submitted that the petitioner- accused No.2 has earlier taken dowry at the time of the marriage and subsequently, the accused persons have demanded Rs.5,00,000/- and even inspite of pacifying the disputes, they persistently ill-treated and harassed the complainant. It is further submitted that the petitioner has cheated and blackmailed a down trodden lady, as such, there is a prima facie material as against the petitioner-accused No.2. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. By going through the contents of the complaint and other materials, it indicates the fact that at the time of marriage of the complainant, dowry was given. It is alleged that subsequently, there was ill- treatment and harassment for demand of dowry. It is further submitted that a divorce petition has been filed, as such, present complaint has been registered. Whether there was any ill-treatment or harassment committed by the accused persons, is a matter which has to be considered and appreciated only at the time of the trial. When the alleged offences are not punishable with death or imprisonment for life and the petitioner- accused No.2 being a lady, aged about 55 years, under such circumstances, I feel by imposing some stringent conditions, if the petitioner is enlarged on bail, then it is going to meet the ends of justice. I have carefully perused the private complaint, which has been filed by the complainant before the District and Sessions Judge, Kodagu, Madikeri, nowhere, in the said complaint, she has specifically urged that the petitioner-accused No.2 has abused the complainant by using the name of the caste. Under the said facts and circumstances of the case, the provision of Section 18-A of the Act will not be a bar to this Court to release the petitioner-accused No.2 on anticipatory bail.
In that light, criminal petition is allowed. Petitioner-accused No.2 is enlarged on anticipatory bail in the event of her arrest in Crime No.198/2018 of Madikeri Town Police Station, Kodagu for the offences punishable under Sections 406, 420, 498A of IPC, under Sections 3(1)(R) and 3(1)(S) of the SC and the ST (Prevention of Atrocities) Act, 1989 and also under Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions:
1. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. She shall surrender before the Investigating Agency within 15 days from today.
3. She shall not tamper with the prosecution evidence in any manner.
4. She shall mark her attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned Police Station till the charge sheet is filed.
5. She shall be regular in attending the Court.
6. She shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE RB