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Judgments of Supreme Court of India and High Courts

Dr Manjunath A vs State Of Karnataka on 29 June, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JUNE 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.4008 OF 2018

BETWEEN:

1. DR MANJUNATH A
S/O. ANANTHA SHETRU,
AGED ABOUT 33 YEARS
R/AT NO. 162,
E BLOCK,
J.H. PATEL EXTENSION,
SHIVAMOGGA 577201

2. SRI. RANGANATHA
S/O. ANANTHA SHETRU,
AGED ABOUT 31 YEARS
EXCISE INSPECTOR,
THIRTHA HALLI,
SHIVAMOGGA 577 201.
(NOW UNDER TRANSFER TO CHANNARAYAPATNA)

3. SRI. ANANTHA SHETRU
S/O. LATE. BANGAR SHETRU,
AGED ABOUT 63 YEARS
R/O. MARUTHI NAGAR,
THALAGUPPA,
SHIVAMOGGA 577 201

4. SMT. RENUKAMMA
W/O. ANANTHA SHETRU,
AGED ABOUT 53 YEARS
2

R/O. MARUTHI NAGAR,
THALAGUPPA,
SHIVAMOGGA 577 201

5. DR. SRINIVASA
S/O. ANANTHA SHETRU,
AGED ABOUT 29 YEARS
MANIPAL HOSPITAL,
MANGALORE 577 204

6. SRI. HARISH
S/O. PAKKIRAPPA,
AGED ABOUT 36 YEARS
R/O. HOSAMANE EXTENSION,
SHIVAMOGGA 577 201 … PETITIONERS

(BY SRI: M.RUDRAIAH, ADVOCATE)

AND:

STATE OF KARNATAKA
BY WOMEN POLICE SUB INSPECTOR,
WOMEN POLICE STATION,
DAVANAGERE 577 224.
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNTAKA,
BANGALORE 560001 … RESPONDENT

(BY SRI: S.VISHWA MURTHY, HCGP)

THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN EVENT OF THEIR ARREST
IN CR.NO.49/2018 OF WOMEN P.S., DAVANAGERE DISTRICT
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 494,
354A(1)(ii)(iii), 498A, 504, 506 OF IPC AND SECTIONS 3, 4 OF
D.P ACT.
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THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

This petition is filed under section 438 of Cr.P.C. seeking

anticipatory bail in Crime No.49/2018 registered for the offences

punishable under sections 3 and 4 of Dowry Prohibition Act,

1961 and sections 494, 354A(1)(iii), 506, 354A(1) of Indian

Penal Code.

2. Heard the learned counsel for the petitioners and the

learned HCGP. Learned HCGP has not filed any statement of

objections, but has orally opposed the petition.

3. The complainant is the wife of the petitioner No.1.

Their marriage was performed on 13.11.2015. They do not

have any issues in the wedlock. It is alleged that the petitioners

were ill-treating and harassing the complainant in the

matrimonial home. There was demand for additional dowry and

on that account also, the complainant was subjected to physical

and mental cruelty. It is further alleged that the petitioner No.1
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was showing blue films to the complainant against her will and

also was demanding unnatural sex from the complainant.

4. The allegations made against the petitioners no

doubt are require to be investigated, but the custodial

interrogation of the petitioners may not be necessary to

investigate into the alleged offences. Even though the offence

under section 354A(1)(iii) of Indian Penal Code is alleged against

the petitioner No.1, the material in support of this accusation is

required to be furnished by the complainant herself. Hence, the

petitioners deserve to be admitted to bail.

Accordingly Criminal petition is allowed. The petitioners

are directed to appear before the Investigating Officer within 15

days from the date of this order and on their appearance, the

Investigating Officer shall interrogate the petitioner and shall

enlarge them on bail on the same day subject to the following

conditions:-

a. The petitioners shall furnish a bond in a sum
of Rs.1.00 lakh (Rupees One lakh only) each
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with one surety each for the likesum to the
satisfaction of the Investigating Officer;

b. The petitioners shall appear before the
Investigating Officer as and when required;

c. The petitioners shall co-operate in the
investigation;

d. The petitioners shall not threaten or allure the
prosecution witnesses; and

e. The petitioners shall mark their attendance in
Women Police Station, Davanagere, on the
30th of every month until submission of the
charge-sheet.

Sd/-

JUDGE

Bss

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