IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9253/2018 BETWEEN:
Sri.Harish.P (A-1) S/o Late Prakashappa, Aged about 31 years, No.1020, 3rd Cross, 2nd Stage, Shivakumara Swamy Layout, Davanagere – 577005. ...Petitioner (By Sri.C.M.Kempe Gowda, 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.M.Divakar Maddur, HCGP) 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 Crime No.75/2018 registered by Women Police Station, Chitradurga for the offences punishable under Sections 506, 504, 498(A), 114 and 323 read with 149 of IPC 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 petitioner/accused under Section 438 of Cr.P.C praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.75/2018 of Women Police Station, Chitradurga for the offences punishable under Sections 323, 114, 504, 506, 498(A) read with Section 149 of IPC and also Sections 3 and 4 of Dowry Prohibition Act.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the marriage of the complainant was performed with accused No.1 on 19.04.2018. At the time of marriage, parents of the complainant gave dowry and spent Rs.25,00,000/- to perform the marriage. Immediately after next date of the marriage the petitioner started ill-treating, harassing and forcing her to bring additional dowry. It is further alleged that the complainant went back to her parent’s house because of the ill-treatment and harassment and a complaint was also registered in this behalf. On the basis of the complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already accused No.2 and other accused persons have been released on bail. On the ground of parity petitioner/accused is also entitled to be released on bail. He further submits that the petitioner/accused is a B.Sc., graduate. He is working as Deputy Range Forest officer. The complainant is an M.Sc., B.Ed., graduate and she has completed her education recently prior to the marriage and then engagement took place at that time only, the complainant told the accused No.1 that they can get married and immediately thereafter they can get divorced. In this behalf, a case in M.C.No.02/2018 was filed on 16.05.2018. He further submits that after 4 months after filing of the said M.C. petition, the present complaint has been filed. It is further submitted that the alleged offence is not punishable with death or imprisonment for life. He is ready to abide by any conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused/petitioner is absconding since from the date of illtreating and harassing the complainant. At the time of marriage, the parents of the complainant have given dowry and huge amount to perform marriage and further submitted that if the accused/petitioner is ordered to be released on bail, he may abscond and may not be available for Investigation or Interrogation. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. As could be seen from the records, it indicates that the accused No.2 approached this Court in Criminal Petition No.9013/2018 and by order dated 03.01.2019 already she has been released on anticipatory bail. Even as could be seen from the contents of the complaint and other materials no serious allegations have been made to show that the accused/petitioner has alone ill-treated and harassed the complainant. The alleged offences are not punishable with death or imprisonment for life and on the ground of parity petitioner/accused is also entitled to be released on bail. For the discussions stated above, the petitioner/accused is entitled to be release on anticipatory bail. In that light, petition is allowed and the petitioner/accused No.1 is enlarged on anticipatory bail in the event of his arrest in Crime No.75/2018 of Women Police Station, Chitradurga for the offences punishable under Sections 323, 114, 504, 506, 498(A) read with Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall mark his attendance once in a month on 1st Sunday between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the chargesheet is filed.
5. He shall not leave the jurisdiction of Davanagere and Chitradurga without prior permission Sd/- JUDGE NS