IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4232/2019 BETWEEN MR. S. ADITYA S/O MR SIDDE GOWDA, AGED 39 YEARS, R/AT NO.332, 13TH CROSS, SHEELA MARG, SIDDARTHA LAYOUT, MYSORE-570011.
(ACCUSED NO.1 IN CR NO.29/2019 OF HASSAN WOMEN P.S., HASSAN) ... PETITIONER (BY SRI SHIVAKUMAR N, ADVOCATE) AND STATE OF KARNATAKA BY HASSAN WOMEN P.S., HASSAN THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DR. AMBEDKAR VEEDHI, BANGALORE-560001 ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.29/2019 REGISTERED BY HASSAN WOMEN POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 498-A,323 AND 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent and perused the records.
2. The wife of the petitioner by name Shilpa S.N. lodged a complaint against her husband-petitioner making allegations that their marriage took place in the year 2014 and there was some dowry transaction at the time of marriage. After the marriage, they lived happily for some time and they were also blessed with a child. Suspecting the fidelity and conduct of the petitioner, the complainant got advised the petitioner through elders. It is alleged that in spite of that, he has continued his illicit activities. In this background, it is alleged that on 26.04.2019 when the complainant was in the house of her parents at Hassan the petitioner went there and assaulted both the complainant and the child and also threatened the complainant with dire consequences of killing her.
3. On the above said allegations, the police have registered a case under Section 498A, 323, 506 read with Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961 against the petitioner.
4. On careful perusal of the materials on record it is seen that complaint was filed on 03.05.2019 though the incident happened on 26.04.2019. What transpired between the husband and the wife, what is the real reason for filing of the complaint has to be thrashed out during the course of investigation as no damage has been done to anybody and it is only threat given by the accused to the complainant. As contended by the learned counsel for the petitioner that there is possibility of settlement between the parties, I feel it is just and necessary to grant anticipatory bail as prayed for otherwise sending of the petitioner to the jail may versatile the situation between the husband and wife. With the above observations, the following order is passed:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.29/2019 of Hassan Women Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Hassan, without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in 15 days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE TL