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Mayura vs State Of Karnataka on 6 January, 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06TH DAY OF JANUARY, 2020

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.8677 OF 2019

BETWEEN:

Mayura,
S/o. Krishnaiah,
Aged about 42 years,
Residing at Ittamadu Village,
Bidadi Hobli,
Ramanagara Taluk,
Ramanagara District – 571 511. …Petitioner

(By Sri. Partha Sarathy M., Advocate)

AND:

State of Karnataka,
By Bidadi Police Station,
Represented by
Special Public Prosecutor,
High Court of Karnataka
Bengaluru – 560 001. …Respondent

(By Sri. Thejesh P., 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 Cr.No.334/2019 of Bidadi Police
Station, Ramanagara District, for the offences punishable
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under Sections 498A, 323, 504, 506 of IPC and Sections 3
4 of Dowry Prohibition Act, 1961.

This Criminal petition coming on for Orders this day,
the Court made the following:

ORDER

Heard learned counsel for the petitioner and learned

HCGP appearing for respondent-State. Learned HCGP has

not filed Statement of Objection, but, has orally opposed

the petition.

2. Complaint was lodged against the petitioner by

his wife alleging that at the time of her marriage,

petitioner herein demanded and received a gold bracelet

and chain by way of dowry and thereafter, he and his

parents, sisters and his relatives have been pestering the

complainant to bring additional dowry from her parents

house. It is alleged that when the petitioner was

imprisoned in an incident during demonetization, the

petitioner pressurized the complainant to bring money

from her parents house to secure bail.
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3. It is further alleged that on 04.11.2019 at

about 03.00 P.M. when the complainant and her brothers

had been to the house of the petitioner, petitioner caught

the tuft of the complainant and assaulted her with hands

and also caused grievous injuries to her brothers.

Respondent has not produced any wound certificate to

show the gravity of the injury. Nonetheless, necessary

evidence with regard to the injuries having already been

collected by the Investigating Agency, custodial

interrogation of the petitioner may not be necessary.

4. Further, petitioner being a police constable, his

presence could be secured for the purpose of trial and

there cannot be any apprehension that he may flee from

justice or make himself unavailable for the purpose of

further investigation or eventual trial.

5. Hence, the following order:-

Criminal petition is allowed. The petitioner is

directed to appear before the Investigating Officer within
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15 days from the date of this order and on his appearance,

the Investigating Officer shall interrogate the petitioner

and shall enlarge him on bail on the same day subject to

the following conditions:-

(i) The petitioner shall furnish a bond in a sum
of Rs.1.00 lakh (Rupees One lakh only)
with one surety for the likesum to the
satisfaction of the Investigating Officer;

(ii) The petitioner shall appear before the
Investigating Officer as and when required;

(iii) The petitioner shall co-operate in the
investigation;

(iv) The petitioner shall not threaten or allure
the prosecution witnesses; and

(v) The petitioner shall mark his attendance in
Bidadi Police Station, Ramanagara District,
on the 15th of every month until submission
of the final report.

Sd/-

JUDGE
SV

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