Sri B B Vikas vs State Of Karnataka on 7 August, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF AUGUST 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.5723/2017

BETWEEN:

SRI B.B.VIKASH
AGED ABOUT 28 YEARS
S/O BASAPPA
R/O KATTEMADU VILLAGE POST
MADIKERI TALUK
COORG DISTRICT – 571 252. …PETITIONER

(BY SRI HONNAPPA, ADV.)

AND:

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:
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ORDER

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

Act, 1961.

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
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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

following conditions:

(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.

Sd/-

JUDGE
KNM/-

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