IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.3179/2019 BETWEEN:
MOHAMMED KHAAN, AGED ABOUT 45 YEARS, S/O YUSUPH KHAAN, R/AT GUDDENAHALLI KOPPALU, JODIHANDINAKERI POST, KASABA HOBLI, HASSAN – 573 201.
(BY SRI.VENKATESH R BHAGAT, ADV.,) AND:
STATE OF KARNATAKA, BY HASSAN WOMEN POLICE STATION, HASSAN.
IN THE HIGH COURT, REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU – 560 001.
(BY SRI. HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT 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 CR.NO.14/2019 OF HASSAN WOMEN POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 498-A, 504, 307, 324, 354-D, 354-B, 506 R/W SECTION 34 OF IPC AND SEC.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 Heard the learned counsel for the petitioner and learned High Court Government Pleader. Perused the records.
2. The complainant is none other than the wife of the petitioner by name Shabrin Begum. She lodged a complaint on 02.03.2019 making allegation that after marriage between herself and the petitioner on 28.04.2013, they lived happily for some time. There is an allegation that at the time of marriage, on demand, some gold articles by way of dowry was paid. After some time, accused No.1 for the purpose of extracting more dowry, started ill-treating and harassing the complainant. In this background, it is alleged that, the complainant was forced to join a garment factory for the purpose of earning salary and the accused was actually use to usurp the said salary from her. In fact, in this background, on 11.01.2019, accused - petitioner with an intention to do away with the life of the complainant assaulted her with a chopper on her head, but the said blow did not fall on her head and she survived. Thereafter also accused assaulted her with a club on her head, eyes, legs etc. In spite of that, she did not take any treatment but she went to her parental house on 12.01.2019 and again, on 13.01.2019, she went to Saligrama Government Hospital and took treatment. Thereafter she attended panchayat, so also the accused did not heed to the request of the complainant and other panchayathdar’s advise. Therefore she lodged a complaint on 02.03.2019 nearly after a lapse of 50 days from the date of alleged incident.
3. Looking to the above said circumstances and that there is no medical certificate produced and complainant herself has stated that she has not taken any treatment during that particular point of time. But she has taken treatment after long lapse of time on 25.01.2019 and thereafter also she attended the panchayat and talked with accused. Therefore, there is absolutely no threat for the life of the complainant. The whole allegation in my opinion falls under S.498-A and 504 of IPC and at the most, under S.324 of IPC. Therefore in my opinion, petitioner is entitled to be enlarged on bail so as to enable the parties to compromise if possible.
4. Under the above said circumstances, I pass the following:
ORDER The petition is allowed. Petitioner shall be released on bail in the event of his arrest in connection with Crime No.14/2019 registered by Hassan Women Police Station for the offences under Sections 498-A, 504, 307, 324, 354(D), 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions:
(i) Petitioner shall surrender himself before the I.O. within ten days from the date of receipt of a copy of this order and execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of I.O.;
(ii) Petitioner shall appear before I.O. as and when required for the purpose of investigation, interrogation etc.
(iii) Petitioner shall not leave the jurisdiction of Hassan District without prior permission of the jurisdictional Court or the I.O. during the pendency of the investigation.
Sd/-
JUDGE sac*