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Nishanth vs The State Of Karnataka on 17 September, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF SEPTEMBER, 2019

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO.5933/2019

BETWEEN

1. NISHANTH
AGED 32 YEARS
S/O PRABHAKAR
R/AT NO 43
RAMANJANAPPA BUILDING
DHANDAMMA TEMPLE
GOWDARA COLONY
HENNUR CROSS
BENGALURU – 560 043

2. PRABHAKAR
AGED 65 YEARS
S/O ANNA SOMACHAR

3. THRIVENI
AGED 65 YEARS
W/O PRABHAKAR

4. SANJITHA
AGED ABOUT 20 YEARS,
D/O PRABHAKAR

ALL ARE RESIDING AT
PANCHAVATI FARM
BELLIBATTALALLI
OORDIGERE HOBLI
TUMKUR TALUK, TUMKUR (D)

5. VARADARAJU
AGED 70 YEARS
2

S/O ANNA SOMACHAR
R/AT TF-411
VIJAYALAKSHMI ENCLAVE NO 48
DUBASIPALYA KENGERI
BENGALURU – 560059

6. BHOOLAKSHMI
AGED 60 YEARS
W/O VARADARAJU
R/AT TF-411
VIJAYALAKSHMI ENCLAVE
NO 48 DUABSIPALYA KENGERI
BENGALURU – 560059 … PETITIONERS

(BY SRI. N.MANOHAR., ADVOCATE)

AND

THE STATE OF KARNATAKA
BY EAST ZONE WOMEN
POLICE STATION , BENGALURU
REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU … RESPONDENT

(BY SRI. ROHITH B.J., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C PRAYING TO ENLARGE THE
PETITIONERS ON BAIL IN THE EVENT OF THERI ARREST
IN CR.NO.64/2019 OF EAST ZONE WOMEN P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S
498A,323,504,506 R/W 34 OF SectionIPC.

THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER

Heard the learned counsel for the petitioners and

the learned HCGP for the Respondent -State. Perused

the records.

2. The petitioners are arraigned as Accused

Nos.1 to 6 in Crime No.64/2019 for the offence

punishable under Sections 498-A, Section323, Section504, Section506 of IPC

and Sections 3 Section4 of the Dowry Prohibition Act.

3. The brief allegations made against the

petitioners (A1 to A6) are that, the marriage between

petitioner No.1 and the complainant Smt.

Rajalakshmamma has taken place on 26.01.2015. At

the time of marriage also, the accused alleged to have

taken some gold and cash in consideration of the

marriage. After the marriage also, they were ill-treating

and harassing the complainant-Rajalakshmamma,

without giving food to her and they used to abuse her

even for flimsy reasons. When she was pregnant for

the first child, Accused No.1 has got aborted her

pregnancy. However, later they were blessed with a
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child. It is further alleged that, on 30.04.2016, she

gave birth to a female child and that was also a root-

cause for harassing the complainant stating that, she

has delivered the female child, as the Accused were

expecting a male child. It is further alleged that, in the

year 2018, she became pregnant for the second child

and at that time also the accused persons forced her to

get her pregnancy aborted. But she did not adhere to

their say. Even thereafter also the accused persons

were demanding a sum of Rs.10,00,000/- as further

dowry. There were several compromise talks between

the parties and in spite of that, they could not able to

pull-on each other happily.

4. With the said allegations, the complainant

has lodged a complaint against the petitioners before

the respondent-police.

5. Learned counsel for the petitioners (A1 to

A6) has also brought to the notice of this court by

producing certain documents that, prior to lodgement of

the said complaint, the complainant has also lodged a
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complaint on 09.06.2019, which was registered under

NCR by the police and both complainant and her

husband-Nishanth (petitioner No.1 herein) appeared

before the police and in fact she has withdrawn the said

complaint after some advise by the concerned police

and the petitioner No.1 has assured that he would take

care of the complainant well. Apart from the above, the

husband has also filed a divorce petition in MC

No.3313/2019 registered in the month of June 2019.

Thereafter, it appears, on 12.07.2019, the present

complaint has been filed.

6. Looking to the above said facts and

circumstances, perhaps, due to the differences between

the husband and wife, all the family members of

petitioner No.1 (A1) have been implicated in the above

said case. Normally, in the case of matrimonial

disputes, the Court should not venture upon to see that

the accused persons are sent to jail, because in such

an eventuality, the chances of compromise may be

bleak. Therefore, in order to facilitate the parties to

explore the possibility of settlement, I am of the opinion
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that, the petitioners are entitled to be enlarged on

anticipatory bail with certain stringent conditions.

Hence, the following,-

ORDER

The petition is allowed. Consequently, the
petitioners (A1 to A6) shall be released on bail in the
event of their arrest in connection with Crime No.
64/2019 of East Zone Women Police Station,
Pulakeshinagar Sub-Division, Bengaluru City, for the
aforesaid offences, now pending on the file of 6th Addl.
CMM Court, Nrupathunga Road, Bengaluru City, subject
to the following conditions:-

i) The petitioners (A1 to A6) shall surrender
themselves before the Investigating Officer within 10
days from the date of receipt of a copy of this order and
each of them shall execute their respective personal
bonds for a sum of Rs.1,00,000/- (Rupees One Lakh
only) with one surety for the like-sum to the satisfaction
of the Investigating Officer.

ii) The petitioners (A1 to A6) shall not hamper the
investigation and tamper the prosecution witnesses.

iii) The petitioners (A1 to A6) shall co-operate with
the Investigating Officer to complete the investigation
and they shall appear before the Investigating Officer as
and when called for.

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iv) The petitioners (A1 to A6) shall not leave the
jurisdiction of the Investigating Officer without prior
permission, till the charge sheet is filed or for a period
of three months whichever is earlier.

v) Only Petitioner No.1 (A1) shall mark his
attendance once in a week ie., on every Sunday
between 10.00 am and 5.00 pm, before the
Investigating Officer for a period of two months or till
the charge sheet is filed, whichever is earlier.

Sd/-

JUDGE

KGR*

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