IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 3601/2019 Between:
1. Mr. Krishna Murthy A. T S/o. Late Thammanna Gowda Aged about 31 years 2. Smt. Devamma W/o. Late Thammanna Gowda Aged about 62 years Both are residing at Lakshmi Nilaya R/at 188/2, 4th Cross, 5th Block, Bhuvaneshwarinagar, Bangalore.
Permanent residents of Mallipattana Hobli, Arakalgudu Taluk, Hassan District 573 102. … Petitioners (By Sri. Gopi K. J., Advocate) And:
State of Karnataka By Arakalagudu Police, Rep. by Public Prosecutor, High Court Building, Bangalore 560 001. … Respondent (By Sri. K. P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to release the accused/petitioners on bail in the event of their arrest by Arakalagudu Police in Crime No.90/2019 for the alleged offence punishable under Sections 498-A, 323, 342, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the D.P. Act, pending on the file of the Principal Civil Judge & JMFC, Arakalagudu.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER The petitioners are seeking to be enlarged on bail in the event of their arrest pursuant to the proceedings in Crime No.90/2019 for the offences punishable under Sections 498A, 323, 342, 504, 506 and 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. The case of the prosecution is that the petitioner No.1 had married the complainant on 9.5.2016 and it is alleged that at the time of marriage, gold and cash was given and all expenses were borne by the complainant’s family. It is stated that subsequently there were differences of opinion that cropped up in the matrimonial relationship and the complainant alleges that there was harassment to bring the dowry. After the complaint was lodged, FIR has been registered and investigation is in progress.
3. The learned counsel for the petitioners points out that on an earlier occasion, the petitioner No.1 had lodged a complaint on 17.05.2019 regarding an altercation that had taken place. At that point of time, it is stated that both petitioner No.1 and the complainant were counselled and the complainant went with the petitioner. Subsequently, the complainant has gone back to her parent’s house and lodged a complaint regarding dowry harassment.
4. It is noticed that there is apparent difference of opinion in the matrimonial relationship. The petitioner is stated to be a Manager in a Private Company. The petitioner No.2 is the mother-in-law of the complainant.
5. Looking into the nature of offences and noticing that there was a complaint previously lodged by the petitioner No.1 himself, prima facie it appears that there are differences in the matrimonial relationship.
6. In light of the submission that petitioner No.1 has subjected himself to investigation, the facts do make out a case for custodial interrogation of the petitioners. It is to be noticed that the petitioner No.2 is a lady and aged about 62 years. Hence, the petitioners are entitled to be enlarged on bail, subject to conditions.
7. In the result, the bail petition filed by the petitioners under Section 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in Crime No.90/2019 for the offences punishable under Sections 498A, 323, 342, 504, 506 and 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions:-
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.90/2019 within 15 days from the date of release of the order and shall execute personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall physically present themselves and mark their attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) The petitioners shall co-operate with further investigation by appearing before the Investigating Officer as and when they are called upon.
(v) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR