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Naveen Kumar vs The State Of Karnataka on 9 April, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9TH DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.1594/2019

BETWEEN:

Naveen Kumar
S/o Late Venkateshappa,
Aged about 29 years,
4th Cross, Swami Vivekananda Nagar,
Hosakote Town,
Bengaluru-562 114. …Petitioner

(By Smt Neeraja Karanth, Advocate)

AND:
The State of Karnataka
By Hosakote Police Station,
Bengaluru District,
Rept. by the State Public Prosecutor,
High Court of Karnataka,
Bengaluru-560 001. … Respondent

(By Sri M. Divakar Maddur, HCGP)

This Criminal Petition is filed under Section 438 of
Criminal Procedure Code praying to enlarge the
petitioner on bail in the event of their arrest in Crime
No.38/2019 of Hosakote Police Station, Bengaluru for
the offence punishable under Sections 498A, 506 read
with 34 of IPC and Sections 3 and 4 D.P Act, 1961.
-2-

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

ORDER

The present petition has been filed by the

petitioner-accused No.1 under Section 438 of Cr.P.C. to

release him on anticipatory bail in Crime No.38/2019 of

Hosakote Police Station, Bengaluru for the offences

punishable under Sections 498A, 506 read with 34 of

IPC and Sections 3 and 4 Dowry Prohibition Act, 1961.

2. I have heard the learned counsel for

petitioner and the learned High Court Government

Pleader for respondent-State.

3. The gist of the complaint is that on

18.06.2018, the complainant got married with the

petitioner-accused No.1, at the time of marriage, he was

given a gold chain, a ring and a wrist watch along with a

cash of Rs.2.00 Lakhs as a dowry. Thereafter, they led

a marital life. It is further alleged that the petitioner-
-3-

accused No.1 used to come home consuming alcohol

and beat the complainant. It is further stated that

petitioner-accused No.1 along with other accused

persons asked her to bring additional dowry from her

maternal home and threatened her that they would kill

her if she did not bring money. The matter was brought

to the Mediation between the complainant and members

of the family before the elders, the same was failed. It is

further stated that on 31.01.2019 at 8.00 PM, the

petitioner-accused No.1 along with other accused

persons assaulted the complainant and petitioner-

accused No.1 trampled her over neck and threatened

that he would kill her and as such, the other two

accused persons asked her to go to her maternal home

and bring dowry of Rs.2.00 Lakh. Accordingly, the

same was informed to the father of the complainant and

a case has been registered.

-4-

4. It is the submission of the learned counsel

for the petitioner-accused that already accused Nos.2

and 3 have been released on bail. On the ground of

parity, the petitioner-accused No.1 is also entitled to be

released on bail. Even the complaint has been lodged

belatedly i.e. on 04.02.2019, whereas the alleged

incident has taken on 31.01.2019. He further

submitted that the alleged offences are not punishable

with death or imprisonment for life. He further

submitted that the petitioner-accused No.1 cooperated

with the investigation. He further submitted that there

is no material to substantiate her allegations for the

alleged assault on her and even no medical certificate

has been produced to show that the injuries were found

on the body of the complainant. The petitioner-accused

No.1 is ready to abide by any of the terms and

conditions that may be imposed by this Court and also

ready to offer surety, if the petitioner-accused No.1
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released on bail. On these grounds, he prayed to allow

the petition.

5. Per contra, learned High Court Government

Pleader vehemently argued and submitted that

petitioner-accused No.1 has ill-treated and harassed the

complainant for demanding the additional dowry. He

used to consume alcohol and abused her in a filthy

language. If the petitioner-accused No.1 is released on

bail, he may indulge in similar type of criminal activities

and he may take away the life of the complainant. On

these grounds, he prayed to dismiss the petition.

6. I have carefully and cautiously gone through

the contents of the complaint and the submissions

made by the learned counsel appearing for the parties

and perused the records.

7. On close reading of the contents of the

complaint, it reveal that it is alleged only because of
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demanding an additional dowry, petitioner-accused

No.1 along with other accused persons assaulted and

ill-treated the complainant, that is the matter which has

to be considered and appreciated at the time of trial.

The alleged offences are not punishable with death or

imprisonment for life. The apprehension of the learned

High Court Government Pleader that there is a threat to

the life of the complainant, this can be secured by

imposing some stringent conditions. Under the facts

and circumstance, I feel that if the petitioner-accused

No.1 is released on bail by imposing some stringent

conditions, then it is going to meet the ends of justice.

In that light, the petition is allowed and petitioner-

accused No.1 is ordered to be released on anticipatory

bail in the event of his arrest in Crime No.38/2019 of

Hosakote Police Station, Bengaluru for the offences

punishable under Sections 498A, 506 read with 34 of
-7-

IPC and Sections 3 and 4 Dowry Prohibition Act, 1961

subject to following conditions:

1. Petitioner-accused No.1 shall
execute a personal bond for a sum of
Rs.2,00,000/-(Rupees Two Lakhs
Only) with two sureties for the
likesum to the satisfaction of the
Investigating Officer.

2. He shall surrender before the

Investigating Officer within 15 days
from today.

3. He shall not tamper with the
prosecution evidence either directly
or indirectly.

4. He shall not leave the jurisdiction of
the Court without prior permission.

5. He shall mark his attendance once
in 15 days between 10.00 a.m., and
5.00 p.m., before the jurisdictional
police station, till the charge sheet is
filed.

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6. He shall not indulge in similar type
of criminal activities.

Sd/-

JUDGE

HA/-

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