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
-5-
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
-6-
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.
-8-
6. He shall not indulge in similar type
of criminal activities.
Sd/-
JUDGE
HA/-