Hariprakash vs State By Ramanagara Rural Police on 16 August, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16th DAY OF AUGUST 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.5247/2017

BETWEEN:

HARIPRAKASH
S/O PUTTASWAMAIAH
AGED 30 YEARS
R/AT HULIKERE VILLAGE
KYLANCHA HOBLI
RAMANAGARA TQ. DT. – 562 109. …PETITIONER

(BY SRI MANJUNATH B.R., ADV.)

AND:

STATE BY RAMANAGARA RURAL POLICE
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE – 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.204/2017 OF
RAMANAGARA RURAL POLICE STATION, RAMANAGARA, WHICH
IS REGISTERED FOR THE OFFENCES P/U/S 506, 498A, 504, 324
R/W 34 OF IPC AND SEC.3 AND 4 OF D.P.ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER

Heard the learned counsel appearing for the

petitioner/accused and the learned High Court Government

Pleader appearing for the respondent-State.

2. The petitioner apprehends arrest by the

respondent-police in their Cr.No.204/2017 registered for

the offences under sections 324, 498-A, 504, 506 r/w

section 34 of IPC and sections 3 and 4 of Dowry Prohibition

Act.

3. The allegation of the prosecution is, the

petitioner and his family members harassed the

complainant (wife of this petitioner) for dowry. The

conciliation effort made by the Sub Inspector of Police also

did not work out. In the presence of elders, a Panchayath

was held and it was decided that the marriage shall be

dissolved by paying compensation of Rs.8 lakhs to the wife.

The accused persons took this petitioner to a lawyer’s

office, forcibly took her signatures on divorce papers, but

have not paid the compensation so far.

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4. Learned counsel for the petitioner submits that

the petitioner has not instituted any divorce petition,

nevertheless divorce by mutual consent. It is impossible

for the petitioner to lead marital life with the complainant.

He never tortured her as alleged in the complaint. If

anticipatory bail is granted, he will appear before the

Investigating Officer and co-operate during further course

of investigation.

Accordingly, the petition is allowed. Petitioner is

granted anticipatory bail in Cr.No.204/2017. He shall

forthwith appear before Investigating Officer. In that event,

the respondent-Investigating Officer is at liberty to

interrogate him. The Investigating Officer is also directed to

procure the complainant and make effort to settle the

dispute between the parties by referring them to the

jurisdictional Mediation Centre. In the event of his arrest, he

shall be enlarged on bail on executing a self bond for a sum

of Rs.50,000/- with one surety for the likesum. He shall co-

operate with the respondent-Investigating Officer during
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further course of investigation. He shall not terrorize or

threaten the complainant and her family members.

Sd/-

JUDGE
Dvr:

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