IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4916/2019 Between:
1. Sri. Ravindra, S/o Sri.Druvakumar, Aged 31 years, 2. Smt. Jayashree, W/o Sri.Druvakumar, Aged 55 years, 3. Sri.Druvakumar, S/o late Dodda Ellappa, Aged 61 years, The Petitioner Nos.1 to 3 are R/at #714, Kattappa Garadi Road, Devaraja Mohalla, Mysuru City – 570 003.
4. Smt. D.Shreelakshmi, (As per FIR Shilpa), W/o Dr.Sathish, Aged 41 years, R/at #27, Ashraya, Yadavagiri, Mysuru City – 570 004.
5. Smt. Jayalakshmi, W/o Vijay Swaroop, Aged 34 years, R/at Grains of Sand Apartment, Yadavagiri, Mysuru City – 570 004.
6. Smt. Madhavi, W/o Raghavendra, Aged 31 years, 7. Sri.Raghavendra, S/o Chandrashekar, Aged 32 years, Petitioner No.6 & 7 are R/at #10, 1st Main, Tavarekere Main Road, Chikka Adugodi, Bangalore City - 560 085. ... Petitioners (By Sri. C.Rajanna, Advocate) And:
State of Karnataka, By Basavanagudi Women Police Station, Bengaluru City. Represented by its P.P., High Court Building, Bangalore – 01. ... Respondent (By Sri. K.P.Yoganna, HCGP) 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.84/2019 of Basavanagudi Women P.S., Bengaluru City for the offences P/U/S 498A, 506, 511 R/w 34 of IPC and Sections 3 and 4 of D.P. Act.
This Criminal 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 High Court Government Pleader for the respondent – State. Perused the records.
2. In Crime No.84/2019 the respondent– Basavanagudi Police, Bengaluru City have registered a case for the offences punishable under Sections 511, 498-A, 506 r/w Section 34 of IPC and also under Sections 3 and 4 of the Dowry Prohibition Act.
3. There is no dispute with regard to the relationship between the petitioner No.1 and the complainant by name Nandini that they are husband and wife. Petitioner Nos.2 to 7 are the relatives of accused No.1 (petitioner No.1). It is the case of the prosecution that at the time of the marriage, accused persons have received gold and silver articles and other valuable properties along with cash of Rs.50,00,000/- and thereafter the complainant started residing with the accused persons. In spite of resistance they started ill- treating without giving sufficient food and harassing her demanding further dowry. On the above said allegations the police have registered the case and investigated the matter.
4. The learned counsel for the petitioners brought to the notice of this Court that there was no earlier complaint lodged at any point of time by the complainant making any such allegations against the petitioners and it all cropped up only after exchange of notice between them and also husband filing divorce petition before the Family Court and therefore, as a counter blast to the said Court notice, the complaint is filed by respondent – wife. The above fact is supported by production of copy of MC petition which was filed on 30.11.2018 and it is seen that summons were issued to the complainant herein on 30.1.2019. It appears that after appearance in the Family Court, on the ill advice of some persons she must have filed the complaint on 7.6.2019 which after the filing of the said divorce petition. The offences alleged are not punishable either with death or imprisonment for life. No physical damage appears to have been occurred to the complainant. Under the above circumstance in order to provide opportunity to the parties to explore the possibility of settlement, in my opinion, the petition deserves to be allowed. Hence, the following:
O R D E R The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.84/2019 of Basavanagudi Police Station, Bengaluru City on 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 each of them shall execute their respective personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigation 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 Bengaluru District without prior permission, till the charge sheet is filed or for a period of three months, whichever is earlier.
Sd/- JUDGE RS/* CT-SN