Sri. Santhosh vs State By on 29 November, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.8309/2017

BETWEEN:

Sri Santhosh
S/o Yellegowda
Aged about 33 years
R/at Ramakrupa Nilaya
No.6031, Somojirao Layout
Vijayanagara
Nelamangala Town
Nelamangala Taluk
Bengaluru Rural District-562 13. … PETITIONER

(By Sri D S Mali Patil, Adv.)

AND:

State by Hiriyuru Town Police Station
Hiriyuru
Represented by its
State Public Prosecutor
High Court Building
Bangalore-562 13. …RESPONDENT

(By Sri Chetan Desai, HCGP)

This Criminal Petition is filed under Section 438 of the
Cr.P.C. praying to enlarge the petitioner on bail in the event
of his arrest in Cr.No.172/2017 of Hiriyuru Town P.S.,
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Chitradurga for the offences P/U/S 498(A) of IPC and
Sections 3 and 4 of Dowry Prohibition Act.

This Criminal 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 anticipatory

bail, to direct the respondent-police to release the

petitioner on bail in the event of his arrest for the

offences punishable under Sections 498A of IPC and

sections 3 and 4 of the Dowry Prohibition Act registered

in respondent police station Crime No.172/2017.

2. Heard the arguments of the learned counsel

appearing for the petitioner/accused No.1 and also the

learned High Court Government Pleader appearing for

the respondent-State.

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3. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

4. The wife of the petitioner is the complainant.

She has stated that her father performed her marriage

by spending Rs.12,00,000/- and thereafter, when she

had been to her husband’s house, he has not lead

happy marital life with her and was unnecessarily

picking up quarrel and giving ill-treatment and

harassment to her and was also assaulting her. Even

though it is brought to the notice of her mother-in-law,

instead of advising the petitioner, she too was ill-

treating her both physically and mentally and were

teasing her that she had not begotten children and

insisting her to go to hospital for treatment. Further,

the accused persons were insisting the complainant to

bring Rs.2,00,000/- from her parental place. On the
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basis of said complaint, case was registered for the

alleged offences.

5. The petitioner has denied all the allegations in

the petition contending that there is false implication.

Learned counsel for the petitioner has submitted that

other accused persons have been already granted bail

by the order of the learned Sessions Judge. Even

looking to the complaint averments no specific

allegations are made and it is vaguely stated that both

of them were abusing her in filthy language. The

offences alleged are not exclusively punishable with

death or imprisonment for life. Petitioner has

undertaken to abide by any reasonable conditions to be

imposed by this Court. Hence, I am of the opinion that

petitioner can be granted with anticipatory bail.
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6. Accordingly, petition is allowed. The

respondent-police are directed to enlarge the petitioner

on bail in the event of his arrest for the alleged offences

punishable under Sections 498A of IPC and sections 3

and 4 of the Dowry Prohibition Act registered in

respondent police station Crime No.172/2017, subject

to the following conditions:

i. Petitioner shall execute a personal
bond for a sum of Rs.50,000/- and
shall furnish one surety for the
likesum to the satisfaction of the
arresting authority.

ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

iii. Petitioner shall make himself available
before the Investigating Officer for
interrogation, as and when called for
and to cooperate with the further
investigation.

iv. Petitioner shall appear before the
concerned Court within 30 days from
the date of this order and to execute
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the personal bond and the surety
bond.

Sd/-

JUDGE

bkp

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