IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.6091/2018 BETWEEN:
Vishwanath S/o Peddari, Aged about 29 years, R/at 237, V.S.Garden, Binnypet, Bengaluru-560 023. …Petitioner (By Sri Srinivasa.M.G, Advocate) AND:
State by J.J.Nagar Police Station, Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. …Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.60/2015 of Jagajeevanram Nagar Police Station, Bengaluru and now in C.C.No.16493/2015 on the file of III Addl. C.M.M., Bengaluru for the offence P/U/S 498(A), 427, 341, 448, 324 and 354 R/W 34 of IPC and Section 3 and 4 of Dowry Prohibition Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner- accused No.5 under Section 438 of Cr.P.C to release him on anticipatory bail in Crime No.60/2015 of Jagajeevanram Nagar Police Station, Bengaluru (C.C.No.16493/2015) for the offences punishable under Sections 498(A), 427, 341, 448, 324 and 354 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for the petitioner-accused No.5 and the learned High Court Government Pleader for respondent-State.
3. The complainant got married with accused No.1 three years ago. Thereafter, it is alleged that accused No.1 started to harass the complainant both physically and mentally for bringing additional dowry from her parents house. The complainant informed to the police station and lodged a complaint and the police informed accused No.1 to come to the police station to talk with him regarding the said issue. Thereafter, when the complainant was residing in her mother house, again on 14.04.2015 at 11.00 PM, accused No.1 along with accused Nos.2 to 9 trespassed the said house and assaulted with stones to the house and damaged the household articles and also assaulted the complainant by holding her hair and dropped. They also took the cash and gold ornaments from almerah. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner-accused No.5 that already accused Nos.1 to 4 and 6 to 9 have been released on anticipatory bail. On the ground of parity, petitioner-accused No.5 is also entitled to be released on bail. He further submitted that the charge sheet has been filed and petitioner-accused No.5 is not required for further investigation or interrogation. The alleged offences are not punishable with death or imprisonment for life. He further submitted that the entire material clearly goes to show that the petitioner-accused No.5 is not involved in the alleged case. The petitioner-accused No.5 is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties, if he is released on bail. On these grounds, he prayed to allow the petition and to release petitioner-accused No.5 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner- accused No.5 has been shown as absconding offender and even the charge sheet is also filed showing him as absconding offender. He further submitted that the court below has issued NBW and petitioner-accused No.5 is absconding. He further submitted that though the said case has been registered in the year 2015, till now the petitioner-accused No.5 has not cooperated with the investigation. If the petitioner-accused No.5 is ordered to be released on bail, he may abscond and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the complaint and other material, it indicates that petitioner- accused No.5 along with other accused persons have harassed the complainant both physically and mentally for bringing additional dowry in the form of money from her parents house. As a result of the same, the complainant lodged a complaint against accused No.1 and went to her parent’s house. It is also stated that on 14.04.2015, accused No.1 along with accused Nos.2 to 9 trespassed the house of the complainant and assaulted with the stones to house and damaged the household articles and also assaulted to the complainant and has also taken the cash, gold ornament from almerah, the matter has to be considered and appreciated only at the time of trial.
8. As could be seen from the records, already accused Nos.1 to 4 and 6 to 9 have been released on anticipatory bail. On the ground of parity, the petitioner- accused No.5 is also entitled to be released on bail. Under the facts and circumstance, I feel that if the petitioner- accused No.5 is released on bail by imposing some stringent conditions, then it is going to meet the ends of justice.
9. In that light, the petition is allowed and petitioners-accused No.5 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.60/2015 of Jagajeevanram Nagar Police Station, Bengaluru (C.C.No.16493/2015) for the offences punishable under Sections 498(A), 427, 341, 448, 324 and 354 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 subject to following conditions:
1. The petitioner-accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigation Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m before the Investigating Officer till the trial is concluded.
5. He shall not leave the jurisdiction of the Court without prior permission.
6. He shall be regular in attending the trial.
Sd/- JUDGE HA/-