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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.4291 OF 2018
BETWEEN:
1. NARAYANAMMA
W/O CHIKKAPATALAPPA
AGE: ABOUT 62 YEARS
2. CHIKKAPATALLAPPA
S/O SITAPPA
AGED ABOUT 67 YEARS
PET. NO. 1 AND 2 ARE
R/O THARAHUNASE VILLAGE
JALA HOBLI
BANGALORE NORTH TALUK
BANALORE-562157
3. ROOPA T P
W/O NAGENDRA C
AGED ABOUT 40 YEARS,
R/O NO.15/1, 5TH A CROSS
TARADAMBA NAGAR
JALAHALLI VILLAGE
BANGALORE NORTH TALUK
BANGALORE-562157
4. REKHA T P
D/O PATALAPPA
AGED ABOUT 35 YEARS
R/O HAROHALLI VILLAGE
VIJAYAPURA HOBLI
2
DEVANAHALLI TALUK
BANGALORE RURAL-562135
5. GIRIJAMMA ALIAS GIRIJA
W/O KESHAVA MURTHY
AGED ABOUT 42 YEARS
R/O NO.162, TARANAHUNASE VILLAGE
JALA HOBLI, BANGALORE NORTH TALUK
BANGALORE-562157.
… PETITIONERS
(BY SRI:B.S. PRASAD, ADVOCATE)
AND
STATE OF KARNATAKA
REPRESENTED BY CHIKKAJALA POLICE
CHIKKAJALA, BENGALURU
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT
BENGALURU-560001.
… RESPONDENT
(BY SRI: K.NAGESHWARAPPA, HCGP)
THIS CRL. P IS FILED U/S 438 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO. 89/2018 OF CHIKKAJALA POLICE STATION,
BANGALORE FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498A OF IPC AND SEC 3 4 OF D.P ACT .
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
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ORDER
This petition is filed under section 438 Cr.P.C. seeking
anticipatory bail in Cr.No.89/2018 registered under section 498-
A of Indian Penal Code and Sections 3 and 4 of Dowry
Prohibition Act. Petitioner Nos.1 and 2 are the father-in-law and
mother-in-law and petitioner Nos.3 to 5 are the sisters-in-law of
the complainant.
Heard the learned counsel for the petitioners and the
learned HCGP. The learned HCGP has not filed any statement of
objections, but has orally opposed the petition.
2. FIR has been registered based on the complaint lodged
by Smt. Sachita K., the daughter-in-law of petitioner Nos.1 and
2 alleging that at the time of her marriage, a sum of Rs.4.00
lakhs and ½kg gold was paid by way of dowry. Even thereafter,
the petitioners herein have been demanding additional dowry
and have been ill-treating and harassing the complainant to
bring her share in the ancestral property.
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3. The allegations made against the petitioners no-doubt
require to be investigated, but the custody of the petitioners is
not required for the said purpose.
4. Having regard to the nature of the allegations made
against the petitioners and the character of the evidence that is
required to be collected in proof thereof, the petition deserves to
be allowed.
5. Hence, the following order:-
Criminal petition is allowed. The petitioners are directed
to appear before the Investigating Officer within 15 days from
the date of this order and on their appearance, the Investigating
Officer shall interrogate the petitioners and shall enlarge them
on bail on the same day subject to the following conditions:-
a. The petitioners shall furnish a bond in a sum
of Rs.1.00 lakh(Rupees One lakh only) each
with one surety each for the likesum to the
satisfaction of the Investigating Officer;
5b. The petitioners shall appear before the
Investigating Officer as and when required;
c. The petitioners shall cooperate in the
investigation;
d. The petitioners shall not threaten or allure the
prosecution witnesses; and
e. The petitioners shall mark their attendance in
Chikkajala Police Station, Devanahalli Sub-
Division, Bengaluru on the 15th of every
calendar month until submission of the final
report.
Sd/-
JUDGE
*mn/-
