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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.
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JUDGE
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