IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1758/2019 BETWEEN:
1. N.Rajanna S/o Narayanappa, Aged about 67 years.
2. Janakamma W/o N.Rajanna, Aged about 56 years.
3. Yogesh.B.R S/o N.Rajanna, Aged about 35 years.
4. Shilpa.J.S W/o Yogesh B.R, Aged about 30 years.
5. Girish B.R S/o N.Rajanna, Aged about 33 years.
All are residing at No.39/b, Yelahanka, Bagaluru Road, Near Andhra Bank, Bengaluru North – 562149. ...Petitioners (By Sri.Sharath.S.Gowda, Advocate) AND:
State of Karnataka, By Bhagalur Police Station, Rep. by SPP, High Court of Karnataka Building, Bengaluru – 560001. ... Respondent (By Sri.Nasrulla Khan, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of their arrest in Crime No.31/2019 of Bhagalur Police Station, Bengaluru for the offences punishable under Sections 498A of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961.
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 accused/petitioner Nos. 1 to 5 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.31/2019 of Bhagalur Police Station for the offences punishable under Sections 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that complainant got married with accused/petitioner No.5 on 16.02.2017. Thereafter, accused/petitioners along with accused No.5 started ill-treating and harassing the complainant for demand of dowry. It is further alleged that accused/petitioner No.5 was in the habit of smoking and the complainant asked him to leave the said habit. He told her that he may leave her but not the habit of smoking. He showed his adamant attitude towards the questions of the complainant. It is further alleged that he also raised loans from others and was insisting the complainant and her father to repay the loan. It is further submitted that the complainant once tried to commit suicide and thereafter when she had been to parents house and there also accused/petitioner Nos.1 and 3 came and made galata on 31.01.2019. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that the allegation have been falsely made against the accused/petitioners. A false complaint has been registered and he submits that the alleged offence is not punishable with death or imprisonment for life and they are triable by the Court of Magistrate. Whether the accused/petitioners are connected with the alleged offence is a matter which has to be considered and apprehended only at the time of trial. No physical injuries have been suffered by the complainant and the complaint was lodged belatedly after the alleged incident. Accused/petitioners are ready to 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 accused/petitioners on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused/petitioners have ill-treated and harassed the complainant for demand of dowry and even accused No.5 was having adamant nature and because of the said ill-treatment and torture the complainant had tried to commit suicide and even the elders have advised the accused/petitioner No.5 in this behalf. He further submits that if the accused/petitioners are ordered to be released on anticipatory bail, they may not be available for the purpose of investigation and interrogation and they may abscond. 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 both the parties and perused the records.
7. As could be seen from the contents of the complaint and other materials that it is alleged that immediately after the marriage after some time there was ill-treatment and harassment and difference of opinion between the complainant and the accused/petitioner No.5 and even there was demand of dowry. Whether there was ill-treatment and harassment which has to be considered only at the time of trial. The alleged offence is not punishable with death or imprisonment for life. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the accused/petitioners are ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed. Accused/petitioner Nos.1 to 5 are enlarged on anticipatory bail in the event of their arrest in Crime No.31/2019 of Bhagalur Police Station for the offences punishable under Sections 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 subject to the following conditions:
1. Petitioner/accused Nos.1 to 5 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall mark their attendance once in a month i.e., on 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station till the charge sheet is filed.
5. They shall not leave the jurisdiction of the Court without prior permission.
6. They shall not indulge in similar type of criminal activities.
Sd/- JUDGE NS