Karnataka High Court Mr. P Laxman S/O Puttaswamy vs The State Of Karnataka on 1 July, 2014Author: Budihal R.B.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1ST DAY OF JULY 2014 BEFORE
THE HON’BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION No.3459/2014
Mr. P. Laxman
Aged about 31 years,
R/at Gopalapura Village,
Ramanagar District-562 159. .. PETITIONER (By Sri. Channappa. K.N, Adv.)
The State of Karnataka,
Nelamangala Town Police Station,
Bangalore-562 123. .. RESPONDENT (By Sri. Nasrulla Khan, 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.100/2014 of Nelamangala Town P.S., Bangalore Dist., for the offences punishable under Sections 498A, 504, 506, 323 read with Section 34 of IPC and Section 3 and 4 of D.P. Act.
This petition coming on for Orders this day, the Court made the following :
This petition is filed by the petitioner-accused No.1 under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of his arrest, he be released on bail of the offences punishable under Sections 498A, 504, 506, 323 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act registered in respondent Police Station Crime No.100/2014.
2. I have heard the learned Counsel appearing for the petitioner-accused No.1 and the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and the other materials on record.
4. It is the case of the prosecution that the wife of the petitioner Smt. Latha filed a complaint stating that her marriage with the petitioner got performed on 04.05.2009 as per Hindu Rites before well-wishers and seniors. At the time 3
of marriage, 200 gram gold and a sum or Rs.80,000/- was given to her husband. It was also alleged by the complainant that since from the date of her marriage, the petitioner-Laxman, her mother-in-law, father-in-law, her sister-in-law and her husband’s friend insisted her to bring more money from her parents home and get the land registered in their name. For that, they had given mental and physical torture to the complainant. It is also alleged that she has gave birth to one male child and the above said persons separated the child from her. On the basis of the said complaint, case has been registered against the petitioner herein and the other accused persons.
5. The materials goes to show that the petitioner got issued legal notices dated 25.2.2013 and 4.3.2014 to the complaint asking her to join matrimonial home and to lead marital life. In spite of issuing the said legal notices, the complainant has not lead marital life and on the contrary, filed false complaint against the petitioner. The complaint filed is subsequent to the legal notices said to have been issued by the petitioner.
6. In the petition, the petitioner has contended that there is false implication of his name in the case. He has contended that he never ill treated the complainant and never demanded money. He has undertaken that he is ready to abide by any condition that may be imposed by this Court. The offences alleged are triable by the Court of Magistrate and not exclusively punishable with death or imprisonment for life. The other accused persons are already released on bail by the Sessions Judge.
7. Therefore, the petition is allowed. The respondent police are directed to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 498A, 504, 506, 323 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act registered in respondent Police Station Crime No.100/2014, subject to the following conditions:
I. The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) and shall offer one surety for the likesum to the concerned Magistrate Court.
II. The petitioner shall appear before the investigating officer for the purpose of interrogation, whenever called upon to do so. III. The petitioner shall not intimidate or tamper with prosecution witnesses, directly or indirectly.
IV. The petitioner shall appear before the concerned Magistrate Court within thirty days from the date of this order and shall execute personal bond as well as surety bond.