IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3514/2019 Between:
Sunil Kumar, S/o Siddaraju, Aged about 31 years, C/o Dayananda, Behind Shanimahathma Temple, Garden Road, Tumakuru – 572 101. … Petitioner (By Sri A.N. Radha Krishna, Advocate) And:
The State of Karnataka, By Women Police Station, Tumakuru, Rep. by the State Public Prosecutor, High Court Buildings, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner in the event of his arrest in Cr. No.43/2019 of Women Police Station, Tumakuru District for the offences p/u/s 498A, 323, 312, 307, 354, 504, 506 r/w 34 of IPC and Sections 3, 4 of D.P. Act.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings to be initiated in Crime No.43/2019 for the offences punishable under Sections 498A, 323, 312, 307, 354, 504, 506 read with Section 34 of IPC.
2. The case that is made out by the complainant is that the complainant had married the petitioner on 27.11.2016. It is further stated that the complainant’s family had paid amount to the petitioner and his family and had also given gold ornaments and silver items. It is further stated that there were repeated demands for dowry. It is also stated that the petitioner had conceived and there was termination of pregnancy against her will.
3. It is stated that on 7.3.2019 when the complainant had gone to the market to bring vegetables and was back, she noticed that the house was filled with Liquefied Petroleum Gas (LPG) and the petitioner had stated that he wanted to do away with the complainant and hence, he had resorted to such an act.
4. On 28.3.2019, there was another altercation and it stated that the complainant went back to her native place. A complaint came to be filed and FIR has been registered and investigation is in progress.
5. Learned counsel for the petitioner states that due to differences of opinion that have cropped up in the matrimonial relationship, M.C.No.101./2019 came to be filed on 8/9.4.2019 and upon dispatch of notice, the complainant having come to know with respect to the said proceeding as a counterblast has filed the present complaint. It is further contended that the complaint is mala fide and proof of offence is a matter for trial.
6. Learned High Court Government Pleader appearing for the respondent – State however opposes grant of bail.
7. Taking note of the differences of opinion between the petitioner and the complainant and that on previous occasion, matters were resolved by way of compromise entered into in M.C.No.101/2019 and noticing that proof of offence is a matter for trial, the petitioner could be enlarged on bail by imposing necessary conditions, i.e., to ensure co-operation during the trial. Hence, the petitioner is entitled to be enlarged on bail, subject to conditions.
8. It is also to be noted that accused Nos.2 and 3, who are parents of the petitioner have been enlarged on bail under Section 438 of Cr.P.C.
9. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.43/2019 Sections 498A, 323, 312, 307, 354, 504, 506 read with Section 34 of IPC, subject to the following conditions:-
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.43/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR