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Madhu V S vs The State Of Karnataka on 21 March, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21st DAY OF MARCH, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION NO.1144/2019

BETWEEN :

Madhu V.S.
S/o Sathyanarayana Reddy
Aged about 33 years
Occ: Assistant Director
Commerce and Industries
R/o Harinakshi Layout
1st Main, Turuvanuru Road
Chitradurga.
… Petitioner
(By Smt. Manjula N. Tejaswi, Advocate)
AND :

The State of Karnataka
through Chitradurga Women Police Station,
Chitradurga,
Represented by State Public Prosecutor
High Court Building, Bengaluru-560 001.
… Respondent
(By Sri M.Divakar Maddur, 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.5/2019 of Women Police
Station, Chitradurga, for the offences punishable under
Sections 114, 323, 504, 506, 498-A and 149 r/w.
Sections 3 and 4 of Dowry Prohibition Act.
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This Criminal Petition coming on for orders this day,
the Court made the following:-

ORDER

The present petition is filed by accused No.1 under

Section 438 of Cr.P.C. praying to release him on

anticipatory bail in Crime No.5/2019 of Women Police

Station, Chitradurga, for the offences punishable under

Sections 114, 323, 504, 506, 498A r/w. Section 149 of

IPC and Sections 3 and 4 of Dowry Prohibition Act.

2. I have heard the learned counsel for the

petitioner and the learned HCGP for the respondent-

State.

3. The brief facts of the case are that the marriage

of the complainant was solemnized with accused No.1-

petitioenr on 31.8.2017. During the marriage, parents of

the complainant have given cash of Rs.1,00,000/-, ten

tholas of gold, 1.5 kgs of silver articles to accused No.1-

petitioner and jewellries weighing about 450 grams to
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the complainant. After the marriage, the couple led

matrimonial life for a period of three months at Tumakur.

Thereafter accused persons started ill-treating and

harassing the complainant for demand of dowry. It is

further alleged that accused No.1-petitioner and the

complainant also led matrimonial life at Bengaluru and

there also accused No.1-petitioneer used to give physical

and mental torture to the complainant by demanding car

worth Rs.12 Lakhs. As she was not ready to ask any

amount from her parents, as they already spent more

than Rs.25 Lakhs, the petitioner along with other accused

persons many times assaulted the complainant and

caused bleeding injuries. On 30.12.2018, all the accused

persons came to the house of the complainant, abused

her in filthy language, assaulted with hands, legs and

cuased injuries. They also gave life threat to her by

saying that they will kill her by pouring kerosene and

setting fire on her. On the basis of the complaint, a case

has been registered.

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4. It is the submission of the learned counsel for

the petitioner that earlier when the dispute arose

between the complainant and accused No.1, conciliation

was arranged in the house of one of the relatives of the

accused on 8.12.2018 and at that time, the complainant

and their family members assaulted the petitioner and

caused injuries and a complaint was also registered in

this behalf. When the complainant and their family

members appeared before the Police Station, they gave

an undertaking to the effect that they will not trouble the

petitioner-accused No.1. But subsequently, only as a

counter blast, the present complaint has been filed on

10.1.2019 nearly about one month after the alleged

incident, only with an intention to take revenge. She

further submitted that the petitioner-accused No.1 has

not demanded any additional dowry and he has not

assaulted the complainant, only a false case has been

registered. The alleged offences are not punishable with

death or imprisonment for life and as the petitioner is
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working as Assistant Director of Commerce and

Industries, there is no question of he fleeing away from

justice and absconding. The petitioner is ready to abide

by any conditions imposed by this Court and ready to

offer sureties. On these grounds, she prayed to allow the

petition.

5. Per contra, the learned HCGP vehemently argued

and submitted that parents of the complainant have paid

dowry during the marriage and subsequently the

petitioner along with other accused persons has

assaulted and demanded a car worth of Rs.12 Lakhs. He

used to harass and illtreat the complainant for demand of

dowry and as such the present complaint has been filed.

If the petitioner is enlarged on bail, he being in a good

post, he may influence and may tamper with the

prosecution evidence. On these grounds, he prayed to

dismiss the petition.

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6. I have carefully and cautiously gone through the

submissions made by the learned counsel for the parties

and perused the material on record. It would indicate

that on 8.12.2018 at about 4.30 p.m. in the house of one

of the relatives of the accused negotiation was being

taken place and at that time, the complainant’s relatives

assaulted the petitioner and their family members. In

that regard a case has been registered. The police called

the complainant and her family members and they also

gave an undertaking that they will not quarrel with the

petitioner or trouble him. Subsequently, on 10.1.2019

the present complaint came to be filed. Be that as it

may, the alleged offences are not punishable with death

or imprisonment for life. Whether there is ill-treatment

and harassment for demand of additional dowry that is a

matter which has to be considered and appreciated only

at the time of trial. When the petitioner is working as

Assistant Director of Commerce and Industries, I feel

that there is no likelihood of he fleeing away from justice.
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By imposing some stringent conditions if the petitioner is

ordered to be released on bail, it would meet the ends of

justice.

In that light, the petition is allowed and the

petitioner-accused No.1 is granted anticipatory bail. In

the event of his arrest in Crime No.5/2019 of Women

Police Station, Chitradurga, for the offences punishable

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

149 of IPC and Sections 3 and 4 of Dowry Prohibition Act,

the petitioner herein is ordered to be released, subject to

the following conditions:-

i) Petitioner shall execute a personal bond for
Rs.2,00,000/- (Rupees two lakh only) with
two sureties for the like sum to the
satisfaction of the Investigating Officer.

ii) He shall surrender before the Investigating
Officer within fifteen days from today.

iii) He shall not tamper with the prosecution
evidence in any manner.

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iv) He shall mark his attendance before the
jurisdictional police once in fifteen days
between 10.00 a.m. and 5.00 p.m. till the
charge sheet is filed.

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

In view of the disposal of the petition,

I.A.No.1/2019 is also disposed of.

Sd/-

JUDGE

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