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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF MAY 2019 BEFORE THE HON’BLE Mrs. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.7353/2018 Between:
1. Sri. Venkataraman Naidu S/o Kodandarama Naidu Aged 63 years 2. Smt.Sumathi W/o Venkataraman Aged 47 years Petitioner Nos.1 and 2 are R/at No.170/24, VSRR Naidu Building, Shanthipura, Huskuru Post, Bengaluru – 560 100.
3. Smt. Radhika w/o Sudhakar Aged about 31 years 4. Sri.Sudhakar s/o Ranganathan Aged about 42 years Petitioner Nos. 3 and 4 are R/at No.4/3A, 8th ‘E’ Cross, Gandhinagar, Katpadi, Vellore-D, Tamilnadu – 632006.
(By Sri.N.Hari Prasad, Advocate for Sri.K.A.Chandrashekara, Advocate) ...Petitioners And:
State of Karnataka, By Parappana Agrahara Police Station, Represented by Special Public Prosecutor, High Court Building, Bengaluru – 560 001.
... Respondent (By Sri. M.Diwakar Maddur, HCGP) 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 Cr.No.242/2018 Parappana Agrahara Police Station, Bangalore, for the offences P/U/Ss.420, 497, 406, 498-A of IPC and Sections 3 and 4 of D.P.Act.
This petition coming on for orders, this day the Court made the following:
ORDER Petitioners are accused Nos. 2 to 5 in Crime No.242/2018 of Parappana Agrahara police station, Bangalore. The said case is registered against the petitioners and accused No.1 for the offences punishable under Sections 420, 497, 406, 498-A of IPC and Sections 3 and 4 of D.P.Act, on the complaint of ‘X’ (for the purpose of confidentiality, the complainant is referred to as ‘X’ henceforth).
2. Accused No.1 is the son of petitioner Nos. 1 and 2. Petitioner No.3 is the sister of accused No.1.
Petitioner No.4 is the husband of petitioner No.3. The marriage of accused No.1 was performed with ‘X’ on 06.11.2016 at Bangalore.
3. ‘X’ alleged in the complaint that the accused demanded and received dowry in the form of cash, gold jewelry and other articles and marriage expenses of Rs.10 lakhs. She further alleged that after the marriage, accused subjected her to cruelty in connection with their demand for additional dowry and accused No.1 maintained extra marital relationship with another lady, thereby he committed breach of trust and cheating.
4. Sessions Court vide order dated 29.09.2018 in Crl.Misc.No.8017/2018 has granted bail to accused No.1, who is the prime accused. Petitioners face allegations of guilty of the offence punishable under Section 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act. The major offence carries imprisonment up to 3 years and triable by the Magistrate.
5. It is submitted that the petitioners have permanent roots in the society and they undertake to abide by the conditions that may be imposed on them. Under these circumstances, petition is allowed.
6. Petitioners are granted anticipatory bail in Crime No.242/2018 of Parappana Agrahara Police Station, Bangalore. If they are arrested in the said case, they shall be released on bail, subject to the following conditions:-
(i) They shall appear before the Investigating Officer within ten days from the date of receipt of a copy of this order.
(ii) They shall execute personal bond in a sum of Rs.25,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for their appearance.
(iii) They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) They shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE Srl.