IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4686/2019 BETWEEN:
SHANEGOWDA T.K., S/O KARESHANAIAH, AGED ABOUT 46 YEARS, R/AT THAREDAKUPPE, KOTHAGERE HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 130.
…PETITIONER (BY SRI. B.N.SHIVA KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY WOMEN P.S., TUMKUR. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 01.
2. S.M.SWATHI, D/O MANJANNA, R/AT 69/A, SRI PRASAD NILAYA, BEHIND R.R.RESIDENCY, HOSA BADAVANE, HEGGERE, TUMKURU TALUK, TUMKURU DISTRICT – 572 101.
…RESPONDENTS (BY SRI.K.P.YOGANNA, HCGP FOR R1; NOTICE TO COMPLAINANT – SERVED UNREPRESENTED) 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.59/2019 OF WOMEN P.S., TUMAKURU FOR THE OFFENCE P/U/S 498-A, 504, 506 R/W SEC.34 OF IPC AND SEC.4 OF D.P. ACT AND THE SC/ST (POA) U/S 3(1)(r), 3(1)(s), 3(2)(v-a).
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The notice directed to be issued to the complainant has been served through the concerned Police as per the submission of the learned HCGP and there is no representation on behalf of the complainant.
2. Heard the learned counsel for the petitioner and perused the records.
3. Petitioner is arraigned as accused No.5 in Crime No.59/2019 on the file of the respondent-police for the offences punishable under Sections 498A, 504, 506, 34 of IPC; Section 4 of Dowry Prohibition Act, 1961 and Sections 3(1)(4), 3(1)(s) and 3(2)(v-a) of SC and the ST (Prevention of Attrocities)Act, 1989.
4. The petition allegations are that the complainant by name Swathi.S.M. fell in love with accused No.1 Mr. Santhosh and thereafter they entered into a marriage tie and afterwards they started living together. It is alleged that accused Nos.1 to 4 who are the close relatives to each other have started harassing her and abusing her with filthy language referring to her caste as she belonged to Scheduled Caste and there was inter-caste marriage between the complainant and said Santhosh. In this context, it is alleged that this petitioner who is also a close relative of accused No.1 has once abused her in filthy language referring to her caste etc. It is seen from the records that accused Nos.1 to 4 have approached the Sessions Court for grant of bail. The III Additional District and Sessions Judge at Tumakuru, in Cri.Misc.No.574/2019 has infact released the other accused persons on anticipatory bail subject to certain conditions. There are no special allegations made against this petitioner. Hence, the petitioner/A5 is also entitled to be enlarged on anticipatory bail on similar conditions.
5. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.59/2019 of Women Police Station, Tumakuru, on 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 personal bond for a sum of Rs.1,00,000/- with two sureties 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 Tumakuru District 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 a week ie, on every 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 *alb/-.