Sri Amithchandra vs State Of Karnataka on 12 December, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF DECEMBER, 2017

BEFORE

THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION No.9103/2017

BETWEEN:

SRI AMITHCHANDRA
S/O D.S. MAHESHCHANDRA
AGED ABOUT 33 YEARS
R/AT SHREYAS, 1ST CROSS
RAILWAY STATION ROAD
GANDHINAGAR
TUMAKURU – 572 101.
… PETITIONER

(BY SRI H.V. MANJUNATHA, ADV.)

AND:

STATE OF KARNATAKA
TIPTUR TOWN POLICE STATION
TUMAKURU DISTRICT
BY SPP
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
…RESPONDENT

(BY SRI K. NAGESHWARAPPA, HCGP.)

THIS CRL.P. FILED UNDER SECTION 438 CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CR.NO.152/2017 OF TIPTUR TOWN
P.S., TUMAKURU DISTRICT FOR THE OFFENCE P/U/S. 498A,
504, 34 OF IPC R/W SECTIONS 3 AND 4 OF DOWRY
PROHIBITION ACT.
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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioners/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 498-A and 504

r/w. 34 of IPC and also Sections 3 and 4 of Dowry

Prohibition Act, registered in respondent police station

Crime No.152/2017.

2. Brief facts of the prosecution case are that,

one Manjushree, wife of the petitioner herein lodged a

complaint on 16.9.2017 at about 10.30 a.m. stating

that her marriage with the petitioner was solemnized on

6.7.2016 at Seetharamaiah Kalyana Mantapa, Tiptur.

At that time, 30 grams of gold chain, 30 grams of gold

bracelet and 10 grams of gold ring were given as dowry

to the petitioner. She was also given 200 grams of gold
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ornaments. They lead marital life happily for 2 to 3

months and later the petitioner started harassing the

complainant stating that she is not looking good and he

married her with an intention that she may get

Rs.50,000/- salary as well as gold items. Further it is

alleged that the petitioner told the complainant that

while returning after Deepavali she has to get gold chain

from her mother, but she did not get the same, as such

the petitioner did not talk to her and when questioned

about that, he told that she was not looking good and if

he would have married to any other girl, he would have

got more dowry. Thereby, the petitioner harassed her

physically and mentally. On the basis of the said

complaint, case came to be registered for the aforesaid

offences.

3. Heard the arguments of the learned counsel

appearing for the petitioner/accused and also the
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learned High Court Government Pleader appearing for

the respondent-State.

4. Perused the grounds urged in the bail

petition, FIR, complaint, and other materials produced

in the case.

5. No doubt, there are some allegations made

in the complaint. But the petitioner denied all those

allegations contending that he has been falsely

implicated in the case. He is innocent and not involved

in committing the said offences. He has undertaken

that he is ready to abide by any conditions to be

imposed by this Court. The alleged offences are triable

by the Magistrate Court. They are not exclusively

punishable with death or imprisonment for life. Hence,

by imposing reasonable conditions, he can be admitted

to anticipatory bail.

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6. Accordingly, petition is allowed. The

respondent-Police is directed to enlarge the present

petitioner/accused on bail in the event of his arrest in

connection with Crime No.152/2017 registered for the

above said offences, subject to the following conditions:

i. Petitioner shall execute a personal
bond for Rs.50,000/- and shall to
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 has to make himself
available before the Investigating
Officer for interrogation, as and when
called for and to cooperate with the
further investigation.

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

Sd/-

JUDGE
SA

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