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M.G.Raghavendra vs The State Of Karnataka By on 6 February, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06TH DAY OF FEBRUARY, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.9623/2018

BETWEEN:

1. M.G.Raghavendra
S/o Late Gangadharaiah,
Aged about 37 years,
Advocate,
R/o 11th Cross, IUDP Layout,
Chitradurga – 577 532.

2. M.G.Varalakshmi
W/o Late Gangadharaiah,
Aged about 65 years,
R/o. Javanagondanahalli,
Hiriyuru Taluk – 577 598,
Chitradurga District.

3. Meenakumari M.G.
W/o Pandu
Aged about 39 years,
R/o Biggimbella Village,
Sira Taluk – 577 598.
Chitradurga District.

4. Mohammed Abdulla
S/o Mohammed Shafiulla,
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Aged about 28 years,
R/o Himmatha Nagar,
Chitradurga – 577 532.
…Petitioners

(By Sri.K.B.Onkara, Advocate)

AND:
The State of Karnataka by
The Police Sub Inspector
Women Police Station,
Chitradurga – 577 598.
By Special Public Prosecutor.
… Respondent

(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:

ORDER

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
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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.
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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
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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
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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
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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
today.

3. They shall not tamper with the prosecution
evidence either directly or indirectly.

4. They shall co-operate with the Investigation
Officer.

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.

Sd/-

JUDGE

UN

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