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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER 2017
BEFORE
THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.6324/2017
BETWEEN:
Mohan
S/o Muthappa
Aged 36 years
Occupation: Business
R/at Nagegowda Badavane
Kushalanagar
Somwarpet Taluk
Kodagu District-571 234. .. PETITIONER
(By Sri B O Chandrashekar, Adv.)
AND:
State of Karnataka
by Kushalanagar Police
Kodagu District
Represented by the
Public Prosecutor
High Court of Karnataka
Bangalore-560 001. .. RESPONDENT
(By Sri K Nageshwarappa, HCGP)
This criminal petition is filed under Section under
Section 438 of the Cr.P.C. praying to enlarge the
petitioner on bail in the event of his arrest in
Cr.No.57/2017 of Kushalnagar P.S., Kodagu District for
the offences punishable under Sections 498A, 315, 504,
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506 read with Section 34 of IPC and Section 3, 4 of D.P.
Act.
This petition coming on for Orders this day, the
Court made the following :
ORDER
This petition is filed by the petitioner-accused No.1
under Section 438 of Cr.P.C. seeking a direction to the
respondent police that in the event of his arrest, he be
released on bail for the offences punishable under
Sections 498A, 315, 504, 506 read with Section 34 of IPC
and Section 3, 4 of D.P. Act registered in respondent
Police Station Crime No.57/2017.
2. I have heard the learned Counsel appearing for
the petitioner-accused No.1 and the learned High Court
Government Pleader appearing for the respondent-State.
3. Learned Counsel appearing for the petitioner,
during the course of the arguments, made submission
that looking to the prosecution material, earlier there was
a complaint dated 2.7.2017, as per Annexure-F, wherein
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it was stated that there was difference of opinion between
the complainant and her husband and therefore, she
asked the police to advise her husband. Eleven days
thereafter, the present complaint as per Annexure-A came
to be filed making all these false allegations. It is also the
submission of the learned Counsel that the other accused
persons were already granted bail. Hence, by imposing
reasonable conditions, the petitioner may be admitted to
bail.
4. Per contra, learned High Court Government
Pleader appearing for the respondent-State, during the
course of the arguments, made submission that the
material goes to show that, at the time of marriage,
Rs.5,00,000/- was given to the petitioner as dowry and
being not satisfied with the same, he started giving ill
treatment both physically and mentally to his wife
(complainant). Serious allegations are made against the
petitioner-accused No.1. He is required for recording of
further evidence/custodial interrogation. Therefore, grant
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of bail to other accused persons is not helpful. Hence,
petitioner is not entitled to be released on bail.
5. I have perused the averments made in the bail
petition, FIR, complaint and the other materials on
record. I have also perused the order passed by the
learned Sessions Judge on the bail application.
6. Looking to the complaint averments, it is no
doubt true that as per the complaint dated 2.7.2017, it
was only mentioned that there was difference of opinion
between the couple and police were requested to advise
the petitioner. But looking to the subsequent complaint
produced as per Annexure-B, there are allegations made
against the petitioner-accused No.1 that Rs.5,00,000/-
was given as dowry. But, even then, he started giving
mental and physical torture to the complainant. The
complaint averments goes to show that even there was
termination of pregnancy because of harassment and ill
treatment by the petitioner.
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7. Looking to the complaint averments, there are
serious allegations against the petitioner-accused No.1
about the ill treatment and harassment met out to the
wife (complainant). The grant of bail to the other accused
will not help the petitioner in view of the serious
allegations made against him. Looking to the materials
placed on record, custodial interrogation of accused No.1
is required in this case. Therefore, it is not the case for
grant of bail.
Petition is rejected.
Sd/-
JUDGE
Cs/-
