IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.3314 OF 2019 BETWEEN:
Manoj Shetty @ Munna, Aged about 30 years, S/o Vijay Kumar Shetty, No.80, 41st Cross, 2nd Main, 8th Block, Jayanagar, Bangalore- 560 041. … Petitioner (By Sri Diwakara K, Advocate) AND:
State of Karnataka By Vijayanagar Police Represented by State Public Prosecutor, High Court of Karnataka, Bangalore-560 001. … Respondent (By Sri Nasrulla Khan, HCGP.) This petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.107/2019 of Vijayanagar P.S., Bangalore for the offences punishable under Sections 376, 417, 420 read with 34 of IPC and Section 3 of D.P.Act.
This petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed under Section 439 of Cr.P.C seeking bail. The petitioner is arraigned as accused No.1 in Crime No.107/2019 of Vijayanagar Police Station registered for the offences punishable under Sections 376, 417, 420 read with 34 of IPC and Section 3 of the Dowry Prohibition Act.
2. The complaint is lodged by the victim, on the basis of which the aforesaid crime came to be registered against the present petitioner and three others namely the parents and sister of accused No.1. The allegations against the accused-petitioner are that there was a marriage proposal and accused No.1 expressed his desire to marry the complainant and also took her horoscope from her parents and in the subsequent days, it was informed that the horoscope matched perfectly. It was demanded by the accused that a diamond ring should be gifted and also the complainant’s side should perform the marriage by incurring the expenditure. Accused No.1 started contacting complainant over phone and also started visiting the house and he was taking the complainant out and behaved intimately. Further on 25.12.2018, he forced her to have sexual intercourse with him saying that he will marry her shortly. The wedding date was fixed to be on 28.04.2019. However, the accused started putting few more terms and conditions for the performance of marriage and demanded that complainant’s side should gift a house or site for accused No.1 in Bengaluru or pay its equivalent in cash. The accused insisted to pay the additional dowry and since the demands were not met, the accused cancelled the marriage on 18.03.2019. It is alleged that the accused No.1 and other accused persons cheated the complainant by playing fraud and also made unlawful demands and exploited her chastity and cancelled the marriage.
3. Learned counsel for the petitioner submitted that the entire allegations are false and the petitioner has not committed any offence much less the one now alleged against him. Other accused persons are already enlarged on bail. He further submits that the petitioner will abide by any reasonable conditions which this Court deems fit to impose in the facts and circumstances of the case.
4. Per contra, the learned High Court Government Pleader opposed the grant of bail to the petitioner and seeks to dismiss the petition.
5. The aforesaid crime came to be registered on the complaint of victim. The victim is aged about 23 years. The truth or otherwise of the entire allegations have to be established during the course of trial. Accused Nos.2 to 4 are said to be enlarged on bail, which is not disputed. The petitioner was arrested on 11.04.2019 and since then, he is in judicial custody. Considering the entire facts and circumstances of the case, I am of the considered view that the petitioner may be enlarged on bail subject to conditions.
Accordingly, I pass the following:
ORDER Petition is allowed. Petitioner is enlarged on bail in Crime No.107/2019 of Vijayanagar Police Station for the offences punishable under Sections 376, 417, 420 read with 34 of IPC and Section 3 of Dowry Prohibition Act subject to following conditions:-
a. Petitioner shall execute a personal bond in a sum of 1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Trial Court/ Committal Court;
b. Petitioner shall not tamper with the prosecution witnesses in any manner and shall not hamper the case of the prosecution;
c. Petitioner shall co-operate with investigation and he shall mark his attendance at the jurisdictional police station on every Sunday between 10 a.m. to 5 p.m. till the filing of chargesheet; and d. Petitioner shall be regular in attending the court proceedings.
PYR Sd/- JUDGE