IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4369/2019 Between:
Madhu G.M. @ Basavaraju, S/o Late Manjegowda, Aged about 34 years, R/a Gurumaranahalli, Makhan Cross, Channarayapatna Town, Hassan District – 573 116. … Petitioner (By Sri Siddharth B. Muchandi, Advocate a/w Sri Chandrashekara K.A., Advocate) And:
The State of Karnataka, Channarayapatna Town Police Station, Hassan District – 573 116.
Represented by its SPP, High Court of Karnataka, Bangalore – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.117/2019 of Channarayapatna Town Police Station, Hassan District for the offences p/u/s 323, 504, 506, 498A of IPC and Sections 3 and 4 of D.P. Act.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his arrest pursuant to the proceedings in Crime No.117/2019 for the offences punishable under Sections 323, 504, 506 and 498-A of IPC read with Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. The case of the prosecution is that the victim is the complainant and on the basis of the complaint, FIR is registered for the aforestated offences. The case as is made out in the complaint is that the complainant and the petitioner were married for about three years prior to the date of complaint. It is further stated that from the wedlock, they have a child Kum.Aadya. It is further alleged that the petitioner used to harass the complainant for money and jewels. It is alleged that on 29.05.2019 at about 11.00 p.m. accused No.1 is alleged to have assaulted the complainant with a crowbar and so also the other accused have joined in the said assault and allegations have been made in the complaint regarding the assault. On the basis of the said information received, FIR came to be registered and investigation is in progress.
3. The learned counsel for the petitioner states that the fact that the complainant has included the other accused into the complaint though other accused has lived separately, which itself would indicate that it is a false complaint. It is further stated that there were differences in the matrimonial relationship and the alleged incident is denied.
4. It is noted that the other accused have been enlarged on anticipatory bail by order of the Court of 4th Additional District and Sessions Judge, Hassan District, dated 13.06.2019 in Crl.Misc.No.653/2019.
5. Taking note of the same and also noting that the proof of offence is a matter for trial, custodial interrogation of the petitioner as such may not be required and the petitioner’s co-operation with investigation could be secured by imposing suitable conditions. Looking into the nature of injuries alleged to have been caused, which are simple in nature, a case is made out for enlarging the petitioner on bail in the event of his arrest.
6. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.117/2019 for the offences punishable under Sections 323, 504, 506 and 498-A of IPC read with Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions:-
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.117/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his 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) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, 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