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K M Mohan vs The State Of Karnataka on 25 July, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25th DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.5088 OF 2018

BETWEEN

K.M.Mohan
S/o. Muthappa,
Aged about 36 years,
R/at, Nagegowda Badavane
Kushalnagar
Somwarpete Taluk
Kodagu District-571232.
…Petitioner
(By Sri. K.C.Pratheep, Advocate)

AND

The State of Karnataka
Represented by
Kushalnagar Town Police Station,
Kodagu District
Represented by its
State Public Prosecutor
High Court of Karnataka
Bengaluru-560 001
…Respondent
(By Sri. Chetan Desai, 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.57/2017 of Kushal Nagar
Police Station, Kodagu District for the offence punishable
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under Sections 498A, 34 of IPC and Sections 4,3 of
D.P.Act.

This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

This petition is under Section 438 Cr.P.C. The

petitioner is accused No.1 and wife of the complainant.

Initially the police registered a case in Cr.No.57/2017 for

the offences punishable under Section 498A, 315 IPC and

Section 3 and 4 of Dowry Prohibition Act.

2. Heard the petitioner’s counsel and the High Court

Government Pleader.

3. Investigation is completed and charge sheet is

filed. The charge sheet shows that the marriage of the

complainant with the petitioner took place on 10.05.2015

and they led a cordial life for a few months. Thereafter,

the petitioner started demanding his wife to bring money

of Rs.5,00,000/- from her parents house and in that

connection she used to be harassed. It is also stated that
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the complainant was subjected to harassment and ill-

treatment because she was not good looking.

4. The petitioner moved this court seeking

anticipatory bail by filing Criminal petition 6324/17.

Finding that the petitioner had made an attempt to

terminate the pregnancy of his wife forcibly, anticipatory

bail appears to have been rejected. When the police filed

charge sheet, they dropped the offence punishable under

Section 315 IPC and the charge sheet is only for the

offence punishable under Section 498A and Section 3 and

4 of Dowry Prohibition Act. The allegations made against

the petitioner are required to be proved before the court.

The other accused of this case have already been enlarged

on anticipatory bail. Therefore parity can be extended to

this petitioner also. Hence the following order:

i. Petition is allowed.

ii. In the event of petitioner being arrested by

the respondent/police, in connection with

Crime No.57/2017 registered by Kushal
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Nagar Police Station, Kodagu District he

shall be released on bail, by obtaining from

them a bond for Rs.1,00,000/- (Rupees One

Lakh only) and two sureties for the likesum

to the satisfaction of the Investigation

Officer.

iii. The petitioner shall co-operate with the

investigating officer.

iv. The petitioners shall appear before the

investigation officer as and when their

presence is necessary for the purpose of

investigation.

v. They shall not threaten the witnesses and

destroy the evidence in whatsoever manner.

Sd/-

JUDGE

sd

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