IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1594/2019 BETWEEN:
Naveen Kumar S/o Late Venkateshappa, Aged about 29 years, 4th Cross, Swami Vivekananda Nagar, Hosakote Town, Bengaluru-562 114. ...Petitioner (By Smt Neeraja Karanth, Advocate) AND:
The State of Karnataka By Hosakote Police Station, Bengaluru District, Rept. by the State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of their arrest in Crime No.38/2019 of Hosakote Police Station, Bengaluru for the offence punishable under Sections 498A, 506 read with 34 of IPC and Sections 3 and 4 D.P 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 petitioner-accused No.1 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.38/2019 of Hosakote Police Station, Bengaluru for the offences punishable under Sections 498A, 506 read with 34 of IPC and Sections 3 and 4 Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 18.06.2018, the complainant got married with the petitioner-accused No.1, at the time of marriage, he was given a gold chain, a ring and a wrist watch along with a cash of Rs.2.00 Lakhs as a dowry. Thereafter, they led a marital life. It is further alleged that the petitioner-
accused No.1 used to come home consuming alcohol and beat the complainant. It is further stated that petitioner-accused No.1 along with other accused persons asked her to bring additional dowry from her maternal home and threatened her that they would kill her if she did not bring money. The matter was brought to the Mediation between the complainant and members of the family before the elders, the same was failed. It is further stated that on 31.01.2019 at 8.00 PM, the petitioner-accused No.1 along with other accused persons assaulted the complainant and petitioner- accused No.1 trampled her over neck and threatened that he would kill her and as such, the other two accused persons asked her to go to her maternal home and bring dowry of Rs.2.00 Lakh. Accordingly, the same was informed to the father of the complainant and a case has been registered.
4. It is the submission of the learned counsel for the petitioner-accused that already accused Nos.2 and 3 have been released on bail. On the ground of parity, the petitioner-accused No.1 is also entitled to be released on bail. Even the complaint has been lodged belatedly i.e. on 04.02.2019, whereas the alleged incident has taken on 31.01.2019. He further submitted that the alleged offences are not punishable with death or imprisonment for life. He further submitted that the petitioner-accused No.1 cooperated with the investigation. He further submitted that there is no material to substantiate her allegations for the alleged assault on her and even no medical certificate has been produced to show that the injuries were found on the body of the complainant. The petitioner-accused No.1 is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer surety, if the petitioner-accused No.1 released on bail. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner-accused No.1 has ill-treated and harassed the complainant for demanding the additional dowry. He used to consume alcohol and abused her in a filthy language. If the petitioner-accused No.1 is released on bail, he may indulge in similar type of criminal activities and he may take away the life of the complainant. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the complaint, it reveal that it is alleged only because of demanding an additional dowry, petitioner-accused No.1 along with other accused persons assaulted and ill-treated the complainant, that is the matter which has to be considered and appreciated at the time of trial. The alleged offences are not punishable with death or imprisonment for life. The apprehension of the learned High Court Government Pleader that there is a threat to the life of the complainant, this can be secured by imposing some stringent conditions. Under the facts and circumstance, I feel that if the petitioner-accused No.1 is released on bail by imposing some stringent conditions, then it is going to meet the ends of justice.
In that light, the petition is allowed and petitioner- accused No.1 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.38/2019 of Hosakote Police Station, Bengaluru for the offences punishable under Sections 498A, 506 read with 34 of IPC and Sections 3 and 4 Dowry Prohibition Act, 1961 subject to following conditions:
1. Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission.
5. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
6. He shall not indulge in similar type of criminal activities.
Sd/- JUDGE HA/-