IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9623/2018 BETWEEN:
1. M.G.Raghavendra S/o Late Gangadharaiah, Aged about 37 years, Advocate, R/o 11th Cross, IUDP Layout, Chitradurga – 577 532.
2. M.G.Varalakshmi W/o Late Gangadharaiah, Aged about 65 years, R/o. Javanagondanahalli, Hiriyuru Taluk – 577 598, Chitradurga District.
3. Meenakumari M.G. W/o Pandu Aged about 39 years, R/o Biggimbella Village, Sira Taluk – 577 598.
Chitradurga District.
4. Mohammed Abdulla S/o Mohammed Shafiulla, Aged about 28 years, R/o Himmatha Nagar, Chitradurga – 577 532.
...Petitioners (By Sri.K.B.Onkara, Advocate) AND:
The State of Karnataka by The Police Sub Inspector Women Police Station, Chitradurga – 577 598.
By Special Public Prosecutor.
... Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.66/2018 registered by Women Police Station, Chitradurga for the offence punishable under Sections 114, 323, 498(A), 504 and 506 read with 149 of IPC.
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 petitioners/accused Nos.1 to 4 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.66/2018 of Women Police Station, Chitradurga for the offences punishable under Sections 114, 323, 498A, 504, 506, read with Section 149 of IPC and also under Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that complainant got married with accused No.1 on 12.04.2010 after loving him. They lead happy marital life. Thereafter, petitioners/accused Nos.1 to 4 started illtreating and harasing the complainant to bring the dowry amount of Rs.50.00 lakhs from her mother. It is further alleged that the said fact has been told to her mother and the same has been fulfilled. Thereafter, again the petitioners picked up quarrel and abused the complainant in filthy language and also threatened her of dire consequences. Being afraid, she filed the complaint.
4. It is the submission of the learned counsel for the petitioners that petitioners/accused Nos.1 to 4 are innocent and they have not committed any offence as alleged. They are apprehending arrest at the hands of respondent police. The entire reading of the compliant, it goes to show that there is no incriminating material to satisfy the alleged ingredients of the offence. The alleged offences are not punishable with death or imprisonment for life. The petitioners/accused Nos.1 and 2 are ready to co-operate with the investigation, abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 to 4 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the complaint and other records clearly goes to show that the petitioners/accused Nos.1 to 4 have demanded dowry amount of Rs.50.00 lakhs and also illtreated and harassed the complainant. He further submitted that the statement of the complainant has been recorded and therein also he has clearly stated illtreatment and harassment. If the petitioners/accused Nos.1 to 4 are released on bail, he may tamper with prosecution evidence and may try to threaten the complainant with dire consequences. 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. Though there are allegations as against petitioners/accused Nos.1 to 4 to show that there is a demand for dowry and for having illtreated and harassed the complainant, that is the matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life and even offence under Section 498A of IPC, is also not of serious in nature and no injury certificate has been produced. Under such circumstances, the apprehension of the learned HCGP can be protected by imposing some stringent conditions if petitioners/accused Nos.1 to 4 may be ordered to be released on bail.
8. In the light of the above facts and circumstances, petition is allowed and the petitioners/accused Nos.1 to 4 are ordered to be released on anticipatory bail, in the event of their arrest in Crime No.66/2018 of Women Police Station, Chitradurga for the offences punishable Sections 114, 323, 498A, 504, 506, read with Section 149 of IPC and also under Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions:
1. In the event of their arrest, the Investigating Officer is directed to enlarge them on bail on each of them being executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall co-operate with the Investigation Officer.
5. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the trial is concluded.
6. They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE UN