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Krishnamurthy @ G.Murthy @ … vs The State Of Karnataka on 11 April, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION No.2524/2019

BETWEEN:

1. Krishnamurthy
@ G. Murthy @ Lakshminarasa
S/o Gangaiah
Aged about 38 years

2. Smt. Rathnamma
W/o Krishnamurthy
@ G. Murthy @ Lakshminarasa
Aged about 38 years

Both are residing at
Doddasarangi Village,
Tumakuru Taluk District-572 102.
…Petitioners
(By Sri R.V.Shivanandareddy, Advocate)

AND:

The State of Karnataka
by Tumakuru Women Police Station
Represented by State Public Prosecutor
High Court Complex
Bengaluru-560 001.
…Respondent
(By Sri M.Divakar Maddur, HCGP)
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This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.58/2018 of Tumakuru
Women Police Station, for the offences punishable under
Sections 114, 498A, 323, 504 and 506 r/w. Section 34 of
Indian Penal Code and Section 4 of Dowry Prohibition Act.

This Criminal Petition coming on for Orders this day,
the Court made the following:-

ORDER

The present petition has been filed by the petitioners/

accused Nos.2 and 3 under Section 438 of Cr.P.C. to

release them on anticipatory bail in Crime No.58/2018 of

Women Police Station, Tumkuru, for the offences

punishable under Sections 114, 498A, 323, 504, 506 r/w

34 of Indian Penal Code and Section 4 of Dowry Prohibition

Act.

2. I have heard the learned counsel appearing for the

petitioners and the learned High Court Government

Pleader appearing for the respondent-State.

3. It is the submission of the learned counsel for the

petitioners that already charge sheet has been filed and no
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allegations have been made under Section 498A of Indian

Penal Code. The only allegation which has been made as

against the petitioners/accused is under Sections 504 and

506 of IPC and they are not punishable with death or

imprisonment for life. They are residing in a separate

village and when the complainant went to ask about her

husband, at that time the petitioners/accused have

abused and threatened with life. The petitioners/accused

are apprehending their arrest and if they re arrested the

police is going to harass. Only with a mala fide intention, a

false complaint has been registered. They are ready to

abide by the conditions imposed by this Court and ready to

offer the sureties. On these grounds he prayed to allow the

petition and to release the petitioners on anticipatory bail.

4. Per contra, the learned High Court Government

Pleader vehemently argued and submitted that the

petitioners/accused have abused and threatened with life

to the complainant when she went to ask about her

husband and thereby they had committed the offence.
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They are absconding since from the date of arrest. Hence,

they are not entitled to be released on anticipatory bail.

Accordingly, she prayed to dismiss the petition.

5. I have carefully and cautiously gone through the

submissions made by the learned counsel appearing for

the parties and perused the records.

6. On close reading of the contents of the charge

sheet material, as against the petitioners/accused Nos.2

and 3 is concerned it has been alleged that when the

complainant CW1 went to the village of the

petitioners/accused on 18.4.2018 who are the brothers

and sister of accused No.1 and when she asked about

accused No.1 at that time they started quarreling and

abused with filthy language and accused No.2 threatened

with life. Except that no other allegation are there. Under

the said facts and circumstances that too when already

charge sheet has been filed, I feel that it is a fit case to
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release the petitioners/accused Nos.2 and 3 on

anticipatory bail.

7. In the light of the discussions held by me above,

the petition is allowed and petitioners/accused Nos.2 and

3 are ordered to be released on anticipatory bail in Crime

No.58/2018 of Women Police Station, Tumkuru, for the

offences punishable under Sections 114, 498A, 323, 504,

506 r/w 34 of Indian Penal Code and Section 4 of Dowry

Prohibition Act, subject to the following conditions.

i) Each of the petitioners shall execute a
personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) with two sureties
each for the likesum to the satisfaction of the
Investigating Officer.

ii) They shall surrender before the Investigating
Officer within 15 days from today.

iii) They shall not tamper with the prosecution
evidence directly or indirectly.

iv) They shall mark their attendance in the
jurisdictional police once in 15 days between
10.00 A.M. and 5.00 P.M. till the trial is
concluded.

v) They shall not leave the jurisdiction of the
Court without prior permission.

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IA No.1/19 does not survive for consideration
and the same is accordingly disposed of.

Sd/-

JUDGE

*AP/-

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