IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF FEBRUARY, 2019
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.9623/2018
S/o Late Gangadharaiah,
Aged about 37 years,
R/o 11th Cross, IUDP Layout,
Chitradurga – 577 532.
W/o Late Gangadharaiah,
Aged about 65 years,
Hiriyuru Taluk – 577 598,
3. Meenakumari M.G.
Aged about 39 years,
R/o Biggimbella Village,
Sira Taluk – 577 598.
4. Mohammed Abdulla
S/o Mohammed Shafiulla,
Aged about 28 years,
R/o Himmatha Nagar,
Chitradurga – 577 532.
(By Sri.K.B.Onkara, Advocate)
The State of Karnataka by
The Police Sub Inspector
Women Police Station,
Chitradurga – 577 598.
By Special Public Prosecutor.
(By Sri. K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 438 of
Criminal Procedure Code praying to enlarge the
petitioners on bail in the event of their arrest in Crime
No.66/2018 registered by Women Police Station,
Chitradurga for the offence punishable under Sections
114, 323, 498(A), 504 and 506 read with 149 of IPC.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
The present petition has been filed by the
petitioners/accused Nos.1 to 4 under Section 438 of
Cr.P.C. praying this Court to release them on
anticipatory bail in the event of their arrest in Crime
No.66/2018 of Women Police Station, Chitradurga for
the offences punishable under Sections 114, 323, 498A,
504, 506, read with Section 149 of IPC and also under
Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for
petitioners and the learned High Court Government
Pleader for respondent-State.
3. The gist of the complaint is that complainant
got married with accused No.1 on 12.04.2010 after
loving him. They lead happy marital life. Thereafter,
petitioners/accused Nos.1 to 4 started illtreating and
harasing the complainant to bring the dowry amount of
Rs.50.00 lakhs from her mother. It is further alleged
that the said fact has been told to her mother and the
same has been fulfilled. Thereafter, again the petitioners
picked up quarrel and abused the complainant in filthy
language and also threatened her of dire consequences.
Being afraid, she filed the complaint.
4. It is the submission of the learned counsel
for the petitioners that petitioners/accused Nos.1 to 4
are innocent and they have not committed any offence
as alleged. They are apprehending arrest at the hands
of respondent police. The entire reading of the
compliant, it goes to show that there is no incriminating
material to satisfy the alleged ingredients of the offence.
The alleged offences are not punishable with death or
imprisonment for life. The petitioners/accused Nos.1
and 2 are ready to co-operate with the investigation,
abide by any conditions that may be imposed on them
by this Court and ready to offer sureties. On these
grounds, he prayed to allow the petition and to release
the petitioners/accused Nos.1 to 4 on bail.
5. Per contra, learned High Court Government
Pleader vehemently argued and submitted that the
complaint and other records clearly goes to show that
the petitioners/accused Nos.1 to 4 have demanded
dowry amount of Rs.50.00 lakhs and also illtreated and
harassed the complainant. He further submitted that
the statement of the complainant has been recorded
and therein also he has clearly stated illtreatment and
harassment. If the petitioners/accused Nos.1 to 4 are
released on bail, he may tamper with prosecution
evidence and may try to threaten the complainant with
dire consequences. On these grounds, he prayed to
dismiss the petition.
6. I have carefully and cautiously gone through
the contents of the complaint and other materials,
which has been produced in this behalf.
7. Though there are allegations as against
petitioners/accused Nos.1 to 4 to show that there is a
demand for dowry and for having illtreated and
harassed the complainant, that is the matter which has
to be considered and appreciated only at the time of
trial. The alleged offences are not punishable with
death or imprisonment for life and even offence under
Section 498A of IPC, is also not of serious in nature and
no injury certificate has been produced. Under such
circumstances, the apprehension of the learned HCGP
can be protected by imposing some stringent conditions
if petitioners/accused Nos.1 to 4 may be ordered to be
released on bail.
8. In the light of the above facts and
circumstances, petition is allowed and the
petitioners/accused Nos.1 to 4 are ordered to be
released on anticipatory bail, in the event of their arrest
in Crime No.66/2018 of Women Police Station,
Chitradurga for the offences punishable Sections 114,
323, 498A, 504, 506, read with Section 149 of IPC and
also under Sections 3 and 4 of Dowry Prohibition Act,
1961, subject to the following conditions:
1. In the event of their arrest, the
Investigating Officer is directed to enlarge
them on bail on each of them being
executing 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.
2. They shall surrender before the
Investigation Officer within 15 days from
3. They shall not tamper with the prosecution
evidence either directly or indirectly.
4. They shall co-operate with the Investigation
5. They shall mark their attendance once in
15 days between 10.00 a.m., to 5.00 p.m.,
before the jurisdictional police station till
the trial is concluded.
6. They shall not leave the jurisdiction of the
Court without prior permission.