IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7647 OF 2019 BETWEEN:
1. Sowgandhika H.K., W/o. Kumaraswamy Aged about 38 years, Resident of Somwarpet Village, Vastare Post-577 133 Chikmagaluru Tq & Dist 2. Ramya H.K., W/o. Prasad P.K., Aged about 39 years, Resident of Billur Village and Post Mudigere Tq.
Chikamagalore District-577 132 3. Kavya H.K., W/o. Srinivas B.T., Aged about 36 years, Resident of Ganganamakki, Resident of Ganganamakki, Mudigere Town-577 132 Chikmagaluru District 4. Rashmi W/o. Late Suresh H.N., Aged about 41 years, Hancharavally Village, Anur Post – 577 130 Chikmagalure District 5. Shivaram H.D., S/o. Late Duggegowda, Aged about 63 years, Resident of Heggaravally Village, Hurudi Post – 573 165 Sakleshpur Tq.
Hassan District …PETITIONERS (BY SRI K.R. KESHAVA MURTHY, FOR SRI PURUSHOTHAMA M.S., ADVOCATE) AND:
State of Karnataka By S.H.O., Annapoorneshwari Nagar Post Station, Bangalore represented by State Public Prosecutor High Court Buildings Bangalore-560 001 …RESPONDENT (BY SRI ROHITH B.J., HCGP) ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.214/2019 OF ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 376, 417, 420, 504 AND 506 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused No.2 to 6 in Crime No.214/2019 for the offence under Sections 376, 420, 417, 504 and 506 of IPC.
3. The brief facts of the case are that the complainant, aged about 28 years has lodged a complaint that when she was 17 years, she loved one Mr. Shreyas and she delivered a male child. Thereafter she came to Bangalore in search of job in the year 2015 and she came in contact with accused No.1 who assured that he would marry her. Thereafter, it appears that a physical contact has also been entered into between the accused No.1 and the victim-complainant. In fact, she insisted for the marriage, but he one way or the other was dodging the same. In the year 2017 when he made an attempt to engage himself to some other girl, she lodged a complaint. Thereafter herself and accused No.1 started living together in the year 2018 at Nagarabhavi and thereafter again the disputes and difference of opinion started between them and accused No.1 told her that he would marry and thereafter he went away and breached the said promise. In this context, it is alleged that the petitioners, who are the sisters and uncle of accused No.1-Goutham threatening her with dire consequences that if marriage takes place between her and Goutham. Further, it is alleged that accused No.1 demanded Rs.50.00 lakhs so that he can persuade his sisters to give consent to marry her. On the above said allegations the police are investigating the matter.
4. The main allegation made against the petitioners is that they have threatened complainant with dire consequences and demanded money. Except that nothing worth has elicited in the FIR with reference to any other allegations made against the petitioners. Looking to the above said facts and circumstances, the offence under Sections 504 and 506 are not seriously punishable and they are virtually bailable in nature. In the above said circumstances as the police have invoked all the provisions noted above, these petitioners are entitled to be enlarged on anticipatory bail as prayed for.
5. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No 214/2019 of Annapoorneshwari Nagar Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and they shall execute personal bond for a sum of Rs.50,000/- each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner No.5 shall mark his attendance once in 15 days 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 Sbs*