IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.9013/2018 BETWEEN:
Smt. Rudramma (A-2) W/o late Prakashappa Aged about 54 years, KPTCL employee No.1020, 3rd Cross, 2nd Stage Shivakumara Swamy Layout Davanagere - 577 005. ... Petitioner (By Sri. Kempe gowda C M, Advocate) AND:
State of Karnataka By Women Police Chitradurga By State Public Prosecutor High Court Building Complex High Court of Karnataka Bengaluru - 560 001. ... Respondent (By Sri. K.P.Yoganna, HCGP) This CRL.P is filed u/S.438 CR.P.C, praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.75/2018 of Women Police Station, Chitradurga for the offences p/u/s.323,114,504,506,498(A) R/W 149 of IPC and Sections 3 AND 4 of Dowry Prohibition Act.
This petition coming on for orders this day, the Court made the following;
ORDER Petitioner is accused No.2 in Crime No.75/2018 of Women Police Station, Chitradurga Town, which is registered against the petitioner and 8 others for the offences punishable under Sections.149, 506, 504, 498A, 114 and 323 of IPC, and Sections 3 and 4 of the Dowry Prohibition Act, on the complaint of one Bhagyashree, wife of accused No.1.
2. Accused No.1 is the son of accused Nos.3 and 4 and other accused are their relatives. The marriage of accused No.1 and complainant was solemnized on 19/04/2018. On 16/05/2018 accused No.1 filed a divorce petition against the complainant. Notice of the petition was served on the complainant on 18/08/2018.
3. It is alleged that petitioner/accused subjected the complainant to physical and mental cruelty in connection with their unlawful demands and stating that accused No.1 was not interested in marrying her and if she dies, he can marry another lady. It is further alleged that other accused were abetting accused No.1 to harass the complainant and ultimately all of them drove her out of her matrimonial home in the month of July 2018.
4. Complainant herself states that she is in her parental house since July 2018. The allegations against the petitioner are general. Serious and prime allegations are made against accused No.1. The offences alleged are triable by the Magistrate. Under these circumstances, it is a fit case to grant anticipatory bail.
5. The petition is allowed. Petitioner is granted anticipatory bail in Crime No.75/2018 of Women Police Station, Chitradurga Town, subject to following conditions:-
i) She shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii)She shall execute personal bond in a sum of Rs.25,000/- and furnish one surety in the likesum to the satisfaction of the Investigating Officer/Court for her appearance.
iii) She shall appear before Investigating Officer/Magistrate/Court as and when required for the purpose of investigation/trial.
iv) She shall not tamper the witnesses in any manner.
Sd/- JUDGE Msu