IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.5779 OF 2019 BETWEEN:
SRI LOKESH J S/O LATE. JAYARAMAPPA AGED ABOUT 28 YEARS RESIDING AT KALLUDI VILLAGE GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT - 561208 (BY SRI GIREESHA J.T., ADV. FOR ...PETITIONER SRI C.N., VIJAYA RAGHAVA REDDY, ADV.) AND STATE OF KARNATAKA BY GOWRIBIDANUR TOWN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE–560001.
…RESPONDENT (BY SRI ROHITH B.J., HCGP.) ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO. 110/2019 OF GOWRIBIDANUR TOWN POLICE STATION, CHICKBALLAPURA FOR THE OFFENCES PUNISHABLE UNDER SECTION 498-A, 504, 506, 343 READ WITH SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF DP ACT 1961.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. On the complaint lodged by the wife of the petitioner on 04.07.2019, the respondent-police have registered a case against the petitioner and six others for the offences under Section 498A, 504, 506, 343 read with 34 of IPC and also under Sections 3 and 4 of Dowry Prohibition Act.
3. It is alleged that the marriage between the petitioner and the complainant took place on 23.08.2013 and the petitioner along with other accused have been ill-treating the complainant making demand for dowry and money on various occasions. The dispute arose between the husband and wife and lot of incidents have been taken place in the year 2016. However, it appears no complaint has been lodged, but they were trying to pull on the leg after the compromise between themselves on various occasions. Even on three occasions the complainant had been to her parents’ house and she was brought back by the petitioners. About three months prior to the lodgment of the complaint the death of father of the petitioner occurred, in that event the petitioner assured the complainant that he would take care of her and their child and brought them back to matrimonial home. It is alleged that in spite of assurance there were ill-treatment and harassment to the complainant. The petitioner- husband has also given a complaint against the wife and it appears there are civil petitions for divorce and claiming maintenance before the competent Courts.
4. Looking to the above said facts and circumstances, dispute between the petitioner and complainant is long standing, as they joined together on various occasions and case and counter cases have been filed against each other. At this stage, if the petitioner is sent to jail, it will further worsen the situation and relationship between the husband and wife become strained and the chances of compromise between the couple become weak. Further, all the other accused persons, against whom the common allegations have been made, already been released on bail.
Therefore, the petitioner is also entitled to be enlarged on bail. 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.110/2019 of Gowribidanur Police Station, subject to the 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 shall execute personal bond for a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with one surety 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 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 shall mark his attendance once in a week i.e., 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 Sbs*