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Chetan Kumar Achari vs State Of Karnataka on 3 March, 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2020
BEFORE
THE HON’BLE MR.JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION NO.882/2020
BETWEEN:

CHETAN KUMAR ACHARI
S/O THIPPESH ACHARI
AGED ABOUT 28 YEARS,
RESIDENT OF LAKSHMISAGARA VILLGE,
CHANNAGIRI TALUK
DAVANAGERE DISTRICT-577213
…PETITIONER

(BY SRI N RAMAKRISHNA FOR SRI RUDRAYYA, ADVOCATE)

AND:

STATE OF KARNATAKA
BY CHANNAGIRI POLICE STATION
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS BANGALORE
…RESPONDENT
(BY SRI M. DIWAKAR, HCGP)

THIS CRIMINAL PETITION FILED UNDER SECTION 438
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CRIME NO.429/2019 OF
CHANNAGIRI POLICE STATION, DAVANAGERE, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 498A, 312, 323,
READ WITH SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF
D.P. ACT.

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

Heard learned counsel for the petitioner and

learned High Court Government Pleader for the State.

Perused the materials on record.

2. The wife of the petitioner lodged complaint

against the petitioner and other accused persons.

Consequently, the police have registered a case in Crime

No.429/2019 for the offences punishable under

Sections 498A, 312, 323 read with Section 34 of IPC

and Sections 3 and 4 of the Dowry Prohibition Act.

3. The other accused persons along with this

petitioner have approached the trial Court for grant of

anticipatory bail. The Principal District and Sessions

Judge, Davanagere having regard to the specific

allegations made against the petitioner herein rejected

the bail petition, however admitted the other accused

persons on bail under Section 438 of Cr.P.C.
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4. The allegations made in the complaint are that

after the marriage between the complainant and the

accused which is a love marriage, they were living

happily for some time. Thereafter it is alleged that all

the accused persons started illtreating and harassing

her on the ground that if the petitioner had married

someother girl, he would have secured more dowry

amount and other articles etc. Inspite of giving some

amount, two wheeler and gold articles etc, the accused

persons did not desist themselves from illtreating and

harassing the victim. They were giving pin-pricks to

her one way or the other. As she could not tolerate the

illtreatment, she went to her parental house and started

living there for some time. It appears there was some

compromise and at the request of accused persons, she

again came back to her matrimonial home.

5. After some days, again the illtreatment started

and therefore being frustrated, she consumed pesticide
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on 10.12.2019. However, the accused persons

themselves have shifted her to hospital at Channagiri

and then to Shimoga and again another hospital at

Shimoga where she was treated and survived.

Thereafter she went to the Police Station and lodged the

complaint on 25.12.2019.

6. The allegations made against all the accused

persons are similar in nature. Of course, there is no

further allegation against the petitioner that he is

addicted to vice habits or he has no love and affection

towards his wife or he is having illicit intimacy with any

other lady. Under such circumstances, in my opinion,

an opportunity should be given to the parties to explore

the possibility of settlement between themselves. In the

event of sending the husband and other persons to jail,

it may virtually give a death blow for such compromise

between the parties. Therefore, in matters of

matrimonial disputes, Court should always be slow in
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dismissing the application for grant of bail so as to open

the doors to the parties to explore the possibility of

settlement.

7. Considering the nature of allegations and facts

and circumstances of the case, I am of the opinion that

the petitioner is also entitled to be enlarged on

anticipatory bail however with stringent conditions.

Hence the following order:

The petition is allowed. Consequently, the petitioner

shall be released on bail in the event of his arrest in

connection with Crime No. 429/2019 of Channagiri

Police Station for the alleged offences subject to the

following conditions:-

i) The petitioner shall surrender himself before
the Investigating Officer within Ten days from
the date of receipt of a certified copy of this
order and he shall execute a personal bond for
a sum of Rs.1,00,000/- with two sureties for
the like-sum to the satisfaction of the
concerned Investigating Officer.

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ii) The petitioner shall not indulge in hampering
the investigation or tampering the prosecution
witnesses.

iii) The petitioner shall co-operate with the
Investigating Officer to complete the
investigation, and he shall appear before the
Investigating Officer as and when called for.

iv) The petitioner shall not leave the jurisdiction of
Investigating Officer without prior permission,
till the charge sheet is filed or for a period of
three months whichever is earlier.

v) The petitioner shall mark his attendance once
in a week i.e, on every Sunday between 10.00
am and 5.00 pm., before the Investigating
Officer for a period of two months or till the
charge sheet is filed, whichever is earlier

Sd/-

JUDGE

Akc

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