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Dr P Shivakota Reddy vs State Of Karnataka on 16 February, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.1009/2018

BETWEEN:

DR P SHIVAKOTA REDDY
S/O RAMACHANDRA REDDY,
AGED 35 YEARS,
SAPTAGIRI 1ST FLOOR,
1ST BLOCK, 2ND CROSS,
TUMAKURU CITY – 572 101.
… PETITIONER
(BY SRI.VINOD KUMAR M., ADV.)

AND

STATE OF KARNATAKA
REPRESENTED BY STATION HOUSE OFFICER,
WOMEN POLICE STATION TUMAKURU
BANGALORE – 572 101
REPRESENTED BY THE SPP
HIGH COURT BUILDING,
BANGALORE – 560 001.
…RESPONDENT
(BY SRI.CHETAN DESAI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.5/2018
OF WOMEN POLICE STATION, TUMAKURU DISTRICT FOR
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THE OFFENCE P/U/S 498A,506 R/W 34 OF IPC, SECTION
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, 504 and 506

read with 34 of IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961, registered in respondent police

station Crime No.5/2018.

2. Heard the arguments of the learned counsel

appearing for the petitioner/accused 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 complainant is the wife of petitioner

herein, who is accused No.1. Looking into the

allegations made in the complaint, the petitioner along

with other family members used to give ill-treatment

and harassment both physically and mentally, insisting

her to bring dowry amount from her parental place and

also demanding the vehicle, accordingly, the father of

the complainant purchased and given the four wheeler

vehicle i.e., Swift Desire Car, to the petitioner. Inspite of

that again he started giving ill-treatment and

harassment to the complainant, he was assaulting her,

abused her in filthy language and even as the

complainant given birth to a female child, she was

subjected to ill-treatment and harassment, she was
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driven out of the house, hence, on the basis of these

allegations made in the complaint, case came to be

registered for the said offence under the provisions of

Indian Penal Code as well as under the provisions of

Dowry Prohibition Act against the petitioner and others.

5. The materials placed on record shows that

earlier to filing of the complaint, the petitioner herein

filed the petition under Section 9 of Hindu Marriage Act

seeking conjugal rights and give direction to the wife to

give social company to the petitioner herein, it was on

29.12.2017, subsequently, the complaint came to be

filed against the petitioner herein. Therefore, at this

stage, prima-facie the materials show that because of

such petition was filed by the husband against the

complainant seeking restitution of conjugal rights,

complaint came to be filed against the petitioner.

Regarding the allegations made in the complaint,
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petitioner denied all those allegations contending that

false allegations are made against him. Petitioner has

also undertaken to abide by any conditions to be

imposed by this Court. The alleged offences are triable

by the Magistrate Court and not exclusively punishable

with death or imprisonment for life. Hence, I am of the

opinion that by imposing reasonable conditions,

petitioner can be granted with anticipatory bail.

6. Accordingly, petition is allowed. The

respondent-Police is directed to enlarge the present

petitioner on bail in the event of his arrest in connection

with Crime No.5/2018 registered for the above said

offences, subject to the following conditions:

i. Petitioner shall execute a personal
bond for 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.

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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

BSR

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