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Judgments of Supreme Court of India and High Courts

Arun Kumar M S vs State Of Karnataka on 8 January, 2019

CRL.P.NO.6904/2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF JANUARY 2019

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.6904 OF 2018

BETWEEN:

ARUN KUMAR M.S.
S/O M.N.SHRIKANTAPPA
AGE:32 YEARS
OCCUPATION:WORKING AS
CONSTABLE AT KONANUR POLICE STATION
ARAKULGOD TALUK
R/AT MUSAVATTUR VILLAGE
MALLIPATNA HOBLI
ARAKALAGUD TALUK
HASSAN DISTRICT – 573 102 …PETITIONER

(BY SRI B.O.CHANDRASHEKAR., ADV.)

AND

STATE OF KARNATAKA
BY ARAKALAGUD POLICE
HASSAN DISTRICT
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001 …RESPONDENT

(BY SRI K.P.YOGANNA, 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.284/2018 OF
ARAKALGUD POLICE STATION, HASSAN FOR THE OFFENCES
P/U/S 498(A), 323, 324, 307 R/W 34 OF IPC AND SECTION 3
AND 4 OF DOWRY PROHIBITION ACT.
CRL.P.NO.6904/2018

2

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

ORDER

Petitioner is accused No.1 in Crime No.284/2018

of Arakalagud Police Station, Hassan District. The said

case is registered against the petitioner, his parents,

sister and brother-in-law for the offences punishable

under Sections 498A, 323, 324, 307 read with Section

34 of IPC and Sections 3 and 4 of the Dowry Prohibition

Act, 1961.

2. Marriage of the petitioner with the complainant

was solemnized on 2.11.2017. It is alleged that the

accused subjected the complainant to physical and

mental cruelty in connection with their demand for

dowry and insisting that she should vacate the house to

facilitate them to perform the second marriage of the

petitioner. It is further alleged that on 30.6.2018 at

9.00 a.m., when complainant was about to leave for her

office, the accused tied her hands and legs by rope,

assaulted on her head and legs with hangers, other
CRL.P.NO.6904/2018

3

parts of her body with belt, stuffed chilli powder into her

private part and stabbed her private part with knife. It

is further alleged that thereafter the petitioner and his

parents forcibly administered chlorguard to the

complainant and thereafter the petitioner admitted her

to Shanivarasanthe Government Hospital.

3. The medical records of Shanivarasanthe

Government Hospital and District Hospital, Hassan, do

not indicate any injuries corresponding to the alleged

assault on the complainant on her head, legs, etc. or

traces of chilli powder. She was taken to the hospital

with history of consuming some unknown compound.

4. The mitigating circumstance is that petitioner

himself had taken her to the hospital. According to

him, she attempted to consume chlorguard to threaten

him.

5. The discharge summary issued by Janapriya

Hospital states that complainant was treated as indoor
CRL.P.NO.6904/2018

4

patient from 30.6.2018 to 21.7.2018. According to that

discharge summary, there was only one contusion on

the left thigh of the complainant and was brought with

history of forceful poisoning. Thereafter there are

several over-writings in the history column.

6. The incriminating materials are already seized.

The FSL report is also filed. The other accused are

already granted bail. Under these circumstances, it is a

fit case to grant anticipatory bail with suitable

conditions. Therefore, the petition is allowed.

The petitioner is granted anticipatory bail in Crime

No.284/2018 of Arakalagud Police Station, Hassan

District, subject to the following conditions:

1. Petitioner shall appear before the
Investigating Officer within 10 days from the
date of receipt of copy of this order;

2. He shall execute personal bond in a sum of
Rs.50,000/- and furnish two sureties in the
like-sum to the satisfaction of the
CRL.P.NO.6904/2018

5

Investigating Officer/Court for his
appearance;

3. He shall appear before the Investigating
Officer/Court as and when required for the
purpose of investigation/trial;

4. He shall not tamper the prosecution
witnesses by threats, inducement or
otherwise.

5. He shall mark his attendance before the
Investigating Officer on every Sunday till
completion of the investigation.

In view of disposal of the main petition,

I.A.No.1/2018 does not survive for consideration. It

stands disposed of accordingly.

Sd/-

JUDGE

KNM/-

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