IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.5014/2019 BETWEEN:
YATHISH KUMAR K. S/O KRISHNAPPA, AGED ABOUT 30 YEARS RESIDING AT NO.53/3 1ST MAIN, 6TH CROSS, KOTTIGEPALYA, KAMAKSHIPALYA, BANGALORE-560079. ... PETITIONER (BY SRI R. B. SADASHIVAPPA, ADVOCATE FOR SRI HARISH KUMAR R. S., ADVOCATE) AND:
STATE KAMAKSHIPALYA POLICE STATION, BANGALORE-560079.
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 1. ... RESPONDENT (BY SRI K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.232/2019 OF KAMAKSHIPALYA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 498A, 504, 506 R/W 34 OF IPC AND SECTION 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 petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. The brief allegations made against the petitioner is that he married the complainant by name Smt. Anupama who was a widow having two children, after the death of her first husband. This case appears to be a love affair between the petitioner and the complainant. In this context, it is alleged that in the year 2018 on March 5th, they married each other and started to reside together in a rented house as husband and wife. In this context, it is alleged that after some days of the marriage, the petitioner was addicted to alcohol and demanded a huge amount of Rs.10,00,000/- from the victim lady on the ground that her brother is a software engineer and also he threatened her with dire consequences of killing her. He also abused her in filthy language calling her as a prostitute. On these allegations, a complaint came to be lodged and a case has been registered in Crime No.232/2019 under Sections 498A, 504 and 506 read with Section 34 of IPC and Section 4 of Dowry Prohibition Act.
3. The records disclose that the said lady was residing separately along with her two children after the death of her first husband. Knowing fully the capacity of that lady and also the status of that lady, the petitioner has married her. Under the circumstances, whether there was any occasion for the petitioner to demand such a huge amount of Rs.10,00,000/- has to be established during the course of trial. The offences being not punishable seriously, hence the petitioner, in my opinion, is entitled to be enlarged on bail. Further, added to the above, in the matrimonial matters normally there would be chances of reconciliation between the husband and wife. On the flimsy reasons if the petitioner is sent to jail, there may be bleak chances of settlement between the parties. In my opinion, it is just and necessary to release the petitioner on bail on certain stringent conditions. 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.232/2019 of Kamakshipalya Police Station, on 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 he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum 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 Bengaluru District without prior permission of the Court, 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 15 days on every Sunday between 10.00 a.m. and 5.00 p.m., before the Investigating Officer till the filing of the final report.
Sd/- JUDGE MD