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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