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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY 2019
BEFORE
THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.4369/2019
Between:
Madhu G.M. @ Basavaraju,
S/o Late Manjegowda,
Aged about 34 years,
R/a Gurumaranahalli,
Makhan Cross,
Channarayapatna Town,
Hassan District – 573 116. … Petitioner
(By Sri Siddharth B. Muchandi, Advocate a/w
Sri Chandrashekara K.A., Advocate)
And:
The State of Karnataka,
Channarayapatna Town Police Station,
Hassan District – 573 116.
Represented by its SPP,
High Court of Karnataka,
Bangalore – 560 001. … Respondent
(By Sri K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 438 of the
Cr.P.C., praying to enlarge the petitioner on bail in the event
of his arrest in Cr. No.117/2019 of Channarayapatna Town
Police Station, Hassan District for the offences p/u/s 323,
504, 506, 498A of SectionIPC and Sections 3 and 4 of D.P. Act.
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This Criminal Petition coming on for Orders this day,
the Court, made the following:
ORDER
The petitioner is seeking to be enlarged on bail in
connection with his arrest pursuant to the proceedings
in Crime No.117/2019 for the offences punishable
under Sections 323, Section504, Section506 and Section498-A of IPC read
with Sections 3 and Section4 of Dowry Prohibition Act, 1961.
2. The case of the prosecution is that the victim
is the complainant and on the basis of the complaint,
FIR is registered for the aforestated offences. The case
as is made out in the complaint is that the complainant
and the petitioner were married for about three years
prior to the date of complaint. It is further stated that
from the wedlock, they have a child Kum.Aadya. It is
further alleged that the petitioner used to harass the
complainant for money and jewels. It is alleged that on
29.05.2019 at about 11.00 p.m. accused No.1 is alleged
to have assaulted the complainant with a crowbar and
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so also the other accused have joined in the said assault
and allegations have been made in the complaint
regarding the assault. On the basis of the said
information received, FIR came to be registered and
investigation is in progress.
3. The learned counsel for the petitioner states
that the fact that the complainant has included the
other accused into the complaint though other accused
has lived separately, which itself would indicate that it
is a false complaint. It is further stated that there were
differences in the matrimonial relationship and the
alleged incident is denied.
4. It is noted that the other accused have been
enlarged on anticipatory bail by order of the Court of 4th
Additional District and Sessions Judge, Hassan District,
dated 13.06.2019 in Crl.Misc.No.653/2019.
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5. Taking note of the same and also noting that
the proof of offence is a matter for trial, custodial
interrogation of the petitioner as such may not be
required and the petitioner’s co-operation with
investigation could be secured by imposing suitable
conditions. Looking into the nature of injuries alleged
to have been caused, which are simple in nature, a case
is made out for enlarging the petitioner on bail in the
event of his arrest.
6. In the result, the bail petition filed by the
petitioner under Section 438 of Cr.P.C. is allowed and
the petitioner is enlarged on bail in the event of his
arrest in Crime No.117/2019 for the offences
punishable under Sections 323, Section504, Section506 and Section498-A of
IPC read with Sections 3 and Section4 of Dowry Prohibition
Act, 1961, subject to the following conditions:-
(i) The petitioner shall appear in person
before the Investigating Officer in
connection with Crime No.117/2019
5within 15 days from the date of release
of the order and shall execute a
personal bond for a sum of `1,00,000/-
(Rupees One Lakh only) with a surety for
the likesum to the satisfaction of the
Investigating Officer.
(ii) The petitioner shall not tamper with
evidence, influence in any way, any
witness.
(iii) The petitioner shall physically present
himself and mark his attendance
before the concerned Station House
Officer once in a week between 10.00
a.m. and 5.00 p.m., till filing of the
final report.
(iv) In the event of change of address, the
petitioner to inform the same to the
concerned SHO.
(v) Any violation of the aforementioned
conditions by the petitioner, shall
result in cancellation of bail.
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Any observation made herein shall not be taken as
an expression of opinion on the merits of the case.
Sd/-
JUDGE
VGR
