IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST 2017
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.5723/2017
AGED ABOUT 28 YEARS
R/O KATTEMADU VILLAGE POST
COORG DISTRICT – 571 252. …PETITIONER
(BY SRI HONNAPPA, ADV.)
STATE OF KARNATAKA
BY MADIKERI RURAL P.S.
BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE CITY – 560 001. …RESPONDENT
(BY SRI CHETAN DESAI, 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 CR.NO.162/2017 OF MADIKERI
RURAL POLICE STATION, MADIKERI, KODAGU DISTRICT, WHICH
IS REGISTERED FOR THE OFFENCES P/U/S 354, 498(A) R/W 34
OF IPC AND SEC.4 OF D.P.ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
The petitioner/accused No.1 apprehends his arrest
by the respondent/Police in Crime No.162/2017 in
respect of offences under Sections 498A, 354 read with
Section 34 of IPC and Section 4 of the Dowry Prohibition
2. The allegation is, the complainant was married
to this petitioner as per Hindu customs on 1.1.2017 and
during her stay with the petitioner in the matrimonial
house, she was tortured by the accused persons for
additional dowry. She was molested by her father-in-law.
On 3.5.2017, the complainant returned to her parents’
house. Despite panchayat, the accused has not taken
her to the matrimonial home.
3. Accused Nos.2 and 3/parents of accused No.1
are on bail.
4. Learned Counsel for the petitioner submits that,
if the complainant has left behind any gold articles given
to her during the marriage in the matrimonial home, the
petitioner is agreeable to return the same.
In the light of the above, the petition is allowed.
Petitioner is granted anticipatory bail in Crime
No.162/2017 of respondent/Police, subject to the
(i) He shall appear before the Investigating
Officer forthwith. In that event, I.O. is at
liberty to interrogate him and cause
recovery of any incriminating material at
his instance as permissible under
Section 27 of the Indian Evidence Act. If
the interrogation continues for more
than 24 hours, he shall be produced
before the jurisdictional Magistrate.
(ii) In the event of his arrest, he shall be
released on bail on executing a self bond
for a sum of Rs.50,000/- with one
surety for the likesum.