IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION No.2397/2019 BETWEEN:
1. SRI. KIRAN GOWDA, SON OF SRI. CHANDRE GOWDA, AGED ABOUT 28 YEARS, 2. SRI. CHANDRE GOWDA, SON OF LATE KRISHNAPPA, AGED ABOUT 53 YEARS, 3. SMT. CHANDRIKA, WIFE OF SRI. CHANDREGOWDA, AGED ABOUT 49 YEARS, PETITIONERS 1 TO 3 ARE RESIDING AT HOOVINAYAKANAHALLI VILLAGE, JALA HOBLI, B.K. HALLI POST, BANGALORE NORTH TALUK - 562 129.
4. SMT. KAVYA DAUGHTER OF SRI. CHANDRE GOWDA AND WIFE OF RAJANIKANTH, AGED ABOUT 30 YEARS, RESIDING AT NO.41/8, RAMANNA BUILDING, 1ST CROSS, BATARAYANAPURA, BENGALURU – 560 092.
...PETITIONERS (BY SRI. S. VENUGOPALA, ADV.) AND:
STATE BY BAGALURU POLICE, SAMPIGEHALLI SUB – DIVISION, BANGALORE CITY.
HIGH COURT BUILDINGS, BENGALURU – 560 077.
REPRESENTED BY S.P.P., ... RESPONDENT (BY SRI. I.S. PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.28/2019 REGISTERED BY BAGALUR POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S 498(A), 504 AND 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is filed by the petitioners/accused Nos.1 to 4 under Section 438 of Cr.P.C, seeking anticipatory bail in Crime No.28/2019 for the offences punishable under Sections 498(A), 504 and 506 r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. It is alleged that the complainant is the wife of the petitioner No.1. Marriage of the complainant and petitioner No.1 was solemnized on 29/05/2015 at K.N.S Convention Hall. At the time of marriage, her parents have given gold ornaments of 150 grams and a cash of Rs. 10,00,000/- (Ten Lakhs) as dowry. Petitioner and complainant were in good terms for sometime. Thereafter, on 24/07/2017 at about 8.00 p.m. petitioners/accused tried to kill the complainant by pouring kerosene on her. Somehow she escaped from the scene of offence. Thereafter a complaint came to be lodged. After registering the case, the Police are trying to arrest the petitioners. Hence, they are apprehending their arrest in the hands of Police. Therefore, the petitioners are before this Court.
3. Counsel for the petitioners contended that petitioners are innocent of the alleged offence and that complaint filed by the complainant is only after failure of the mediation talks. He further submitted that petitioner No.1 filed a matrimonial case against the complainant for nullity of the marriage, which is pending in Family Court at Bengaluru City. It is further submitted that complainant is none other than daughter of petitioner No.2. Therefore, he prays to allow the petition.
4. Learned SPP-II objected the bail petition.
5. Perused the records. It is not in dispute that petitioner No.1 has already filed a matrimonial case before the Family Court at Bengaluru for a decree of divorce and this complaint came to be filed after failure of mediation talks at Bengaluru Mediation Centre. The alleged offences are not punishable with death of imprisonment for life. Therefore, considering the facts and circumstances, by imposing stringent conditions bail is granted to the petitioners/accused.
6. The petition is allowed. The respondent – Police are directed to release the petitioners/accused Nos.1 to 4 on bail in the event of their arrest in Crime No.28/2019 for the offences punishable under Sections 498(A), 504 and 506 r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, registered by the respondent – Police Station, subject to the following conditions:
(i) Petitioners shall execute a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with a solvent surety for the likesum to the satisfaction of the Investigating Officer or the concerned trial Court;
(ii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) Petitioners shall make themselves available to the Investigating Officer for interrogation whenever called for; and (iv) Petitioners shall appear before the concerned Court within ten days from the date of their arrest by the Investigating Officer and to move regular bail.
(v) They shall appear before Investigation Officer as and when called for the purpose of investigation.
SD/- JUDGE MSU