IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8916/2018 BETWEEN:
1. Sri Chandrashekar G.N., S/o Narayanappa Aged about 33 years R/at Gudla Muddenahalli Village Vijayapura Hobli, Devanahalli Taluk, Bangalore Rural District-562 110.
2. Sri N. Basavaraja S/o Narayanappa Aged about 41 years R/at Maddayana Beedhi Taluk Office Road, Devanahalli, Bangalore Rural District-562 110.
3. Smt. C. Bhagya W/o N. Basavaraja Aged about 35 years R/at Maddayana Beedhi Taluk Office Road, Devanahalli, Bangalore Rural District-562 110.
…Petitioners (By Sri T.K. Rajagopala, Advocate) AND:
State of Karnataka by Devanahalli Police Station Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001.
(By Sri K.P. Yoganna, HCGP) … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.104/2018 registered by Devanahalli Police Station, Bengaluru for the offence punishable under Section 498(A) of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.
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 petitioners/ accused Nos.1 to 3 under Section 438 of Cr.P.C. to release them on anticipatory bail in Crime No.104/2018 of Devanahalli police station for the offence punishable under Sections 498(A) of Indian Penal Code r/w Sections 3 and 4 of Dowry Prohibition Act.
2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. It is alleged in the complaint that the marriage of the complainant took place on 15.6.2016 by paying a sum of Rs.3,00,000/- cash and gold worth Rs.6,00,000/- and thereafter the petitioners/accused started demanding her to bring more dowry and they also started ill-treating both physically and mentally. It is further alleged that the complainant is working as a teacher and getting a salary every month and even the said salary was also given to her husband’s family and it is further alleged that they have also assaulted her. On the basis of the said complaint, a case has been registered.
4. It is the submission of the learned counsel appearing for the petitioners that the conduct of the complainant since from the marriage is indifferent and she was not co-operating with the family members of the petitioners/accused and she has not led a happy marital life. He further submitted that the alleged offences are not punishable with death or imprisonment for life and a false allegations have been made only to harass the petitioners. They are ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioners on anticipatory bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the wound certificate clearly goes to show that the petitioners/accused ill-treated and harassed the complainant for demand of dowry since from the date of marriage. The petitioners have taken dowry at the time of marriage and subsequently also they were insisting to bring more dowry. There is ample material to connect the petitioners/accused to the alleged crime. 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 the only allegations which has been made is that there is further demand of dowry and petitioners/accused have ill- treated and harassed the complainant. That is the matter which has to be considered and appreciated only at the time of trial. Since the alleged offences are not punishable with death or imprisonment for life, I feel by imposing some stringent conditions, if the petitioners/accused are ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, the petition is allowed and petitioners/accused Nos.1 to 3 are ordered to be released on anticipatory bail, in Crime No.104/2018 of Devanahalli police station for the offence punishable under Sections 498(A) of Indian Penal Code r/w Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions:
i) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one Lakh only) with two sureties each for the likesum to the satisfaction of the Investigating Officer.
ii) They shall surrender before the Investigating Officer within 15 days from today.
iii) They shall not tamper with the prosecution evidence directly or indirectly.
iv) They shall mark their attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) They shall not leave the jurisdiction of the Court without prior permission of the Court.
*AP/-
Sd/- JUDGE