IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.1144/2019 BETWEEN :
Madhu V.S.
S/o Sathyanarayana Reddy Aged about 33 years Occ: Assistant Director Commerce and Industries R/o Harinakshi Layout 1st Main, Turuvanuru Road Chitradurga.
… Petitioner (By Smt. Manjula N. Tejaswi, Advocate) AND :
The State of Karnataka through Chitradurga Women Police Station, Chitradurga, Represented by State Public Prosecutor High Court Building, Bengaluru-560 001.
… Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.5/2019 of Women Police Station, Chitradurga, for the offences punishable under Sections 114, 323, 504, 506, 498-A and 149 r/w. Sections 3 and 4 of Dowry Prohibition Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in Crime No.5/2019 of Women Police Station, Chitradurga, for the offences punishable under Sections 114, 323, 504, 506, 498A r/w. Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The brief facts of the case are that the marriage of the complainant was solemnized with accused No.1- petitioenr on 31.8.2017. During the marriage, parents of the complainant have given cash of Rs.1,00,000/-, ten tholas of gold, 1.5 kgs of silver articles to accused No.1- petitioner and jewellries weighing about 450 grams to the complainant. After the marriage, the couple led matrimonial life for a period of three months at Tumakur. Thereafter accused persons started ill-treating and harassing the complainant for demand of dowry. It is further alleged that accused No.1-petitioner and the complainant also led matrimonial life at Bengaluru and there also accused No.1-petitioneer used to give physical and mental torture to the complainant by demanding car worth Rs.12 Lakhs. As she was not ready to ask any amount from her parents, as they already spent more than Rs.25 Lakhs, the petitioner along with other accused persons many times assaulted the complainant and caused bleeding injuries. On 30.12.2018, all the accused persons came to the house of the complainant, abused her in filthy language, assaulted with hands, legs and cuased injuries. They also gave life threat to her by saying that they will kill her by pouring kerosene and setting fire on her. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that earlier when the dispute arose between the complainant and accused No.1, conciliation was arranged in the house of one of the relatives of the accused on 8.12.2018 and at that time, the complainant and their family members assaulted the petitioner and caused injuries and a complaint was also registered in this behalf. When the complainant and their family members appeared before the Police Station, they gave an undertaking to the effect that they will not trouble the petitioner-accused No.1. But subsequently, only as a counter blast, the present complaint has been filed on 10.1.2019 nearly about one month after the alleged incident, only with an intention to take revenge. She further submitted that the petitioner-accused No.1 has not demanded any additional dowry and he has not assaulted the complainant, only a false case has been registered. The alleged offences are not punishable with death or imprisonment for life and as the petitioner is working as Assistant Director of Commerce and Industries, there is no question of he fleeing away from justice and absconding. The petitioner is ready to abide by any conditions imposed by this Court and ready to offer sureties. On these grounds, she prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that parents of the complainant have paid dowry during the marriage and subsequently the petitioner along with other accused persons has assaulted and demanded a car worth of Rs.12 Lakhs. He used to harass and illtreat the complainant for demand of dowry and as such the present complaint has been filed. If the petitioner is enlarged on bail, he being in a good post, he may influence and may tamper with the prosecution evidence. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the material on record. It would indicate that on 8.12.2018 at about 4.30 p.m. in the house of one of the relatives of the accused negotiation was being taken place and at that time, the complainant’s relatives assaulted the petitioner and their family members. In that regard a case has been registered. The police called the complainant and her family members and they also gave an undertaking that they will not quarrel with the petitioner or trouble him. Subsequently, on 10.1.2019 the present complaint came to be filed. Be that as it may, the alleged offences are not punishable with death or imprisonment for life. Whether there is ill-treatment and harassment for demand of additional dowry that is a matter which has to be considered and appreciated only at the time of trial. When the petitioner is working as Assistant Director of Commerce and Industries, I feel that there is no likelihood of he fleeing away from justice.
By imposing some stringent conditions if the petitioner is ordered to be released on bail, it would meet the ends of justice.
In that light, the petition is allowed and the petitioner-accused No.1 is granted anticipatory bail. In the event of his arrest in Crime No.5/2019 of Women Police Station, Chitradurga, for the offences punishable under Sections 114, 323, 504, 506, 498A r/w. Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall not tamper with the prosecution evidence in any manner.
iv) He shall mark his attendance before the jurisdictional police once in fifteen days between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
In view of the disposal of the petition, I.A.No.1/2019 is also disposed of.
Sd/- JUDGE *ck/-