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Gangadharaiah vs The State Rep By on 18 April, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF APRIL 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.2070/2017

BETWEEN :

GANGADHARAIAH
S/O. CHANNA MALLAPPA,
AGED ABOUT 44 YEARS,
LICENCE SURVEYOR,
R/O. KHB COLONY, MAIN ROAD,
NOW R/AT BEHIND
OLD VYSHALI NURSING HOME,
OPP. TO GOVT. JUNIOR COLLEGE FOR BOYS,
B.D. ROAD, CHITRADURGA-577 501. … PETITIONER

(BY SRI SPOORTHY HEGDE.N, ADVOCATE)

AND :

THE STATE REP. BY
WOMEN POLICE STATION,
CHITRADURGA-577 501,
(BY SPP, HIGH COURT BUILDING
BANGALORE-577 502). … RESPONDENT

(BY SRI K.NAGESHWARAPPA, 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 CRIME NO.11/2017
OF WOMEN POLICE STATION, CHITRADURGA, WHICH IS
REGISTERED FOR THE OFFENCES P/U/S 498A, 504, 506,
376B, 323, 114, 325 OF IPC AND SEC.3 AND 4 OF DOWRY
PROHIBITION ACT AND ETC.,
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard Sri Spoorthy Hegde, the learned counsel for the

petitioner and Sri K.Nageshwarappa, learned High Court

Government Pleader for the respondent – State.

2. The respondent – police have registered a case in

Crime No.11/2017 in respect of the offences under Sections

149, 498A, 504, 506, 376B, 323, 114 and 324 of IPC and

Sections 3 and 4 of the Dowry Prohibition Act, 1961, against

the petitioner (Accused No.1) and his family members.

3. The allegation is, the complainant was married to the

petitioner on 15.9.2002 and they have three daughters from

the marriage. The petitioner (Accused No.1), his sister,

brother-in-law, nephew, in-laws, sister-in-law and friend of

petitioner were torturing the complainant physically and

mentally and were pestering for additional dowry from her

parents house. In this regard, a settlement was arrived in the

Women’s Police Station and for some time there was no

problem. However, again petitioner and his family members
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retrieved their torturous attitude; by using filthy language they

were scolding the complainant and were manhandling her;

many a times, they made efforts to finish her off and forcibly

the petitioner was having sexual intercourse with her.

4. The complainant and petitioner have led marital life

together for more than fifteen years. In all probability, it is a

matrimonial dispute, which needs to be resolved by mutual

deliberation.

5. Having regard to the circumstances, there is no

impediment to allow the petition.

6. Accordingly, the petition is allowed. The petitioner is

granted anticipatory bail in Crime No.11/2017 registered by

the respondent – police, subject to the following conditions:

(1) He shall appear before the Investigating Officer
forthwith. In that event, I.O. is at liberty to
interrogate him.

(2) He shall co-operate with the Investigating Officer
during further course of investigation.

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(3) In the event of his arrest, he shall be released
on bail on executing a self bond for a sum of
Rs.50,000/- with one surety for the likesum.

Sd/-

JUDGE

nd/-

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