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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF SEPTEMBER, 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.6161/2017

Between:

1. Puttaraju,
S/o Late Devegowda,
Age:32 years,

2. Jayalakshmamma,
W/o Late Devegowda,
Age:70 years,

Both are residing at Heragu village,
Dudda Hobli, Hassan Taluk
and District-573 201. …Petitioners

(By Smt. Sharadamba A.R., Advocate)
And

State by Women’s Police Station,
Hassan,
Represented by State Public Prosecutor,
Office of the Advocate General,
High Court Building,
Bengaluru- 560 001. …Respondent

(By Sri Chetan Desai, HCGP.)
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This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.72/2017 of Hassan
Women Police Station, Hassan District for the offences
punishable under Sections 114, 307, 323, 498A, 504 of
IPC and Sections 3 and 4 of Dowry Prohibition Act.

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

ORDER

Heard the learned counsel for the petitioners and

the learned High Court Government Pleader for the

respondent-State.

2. The petitioners apprehend arrest by the

respondent police in their Crime No.72/2017 registered

in respect of the offences punishable under Sections

498-A, 323, 504, 114, 307 of IPC and Sections 3 and 4

of Dowry Prohibition Act.

3. The allegation is, the 2nd petitioner is the

mother of the 1st petitioner. The complainant was

married to the 1st petitioner on 9.11.2012 as per their
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customs. At the time of marriage dowry in cash and

kind was given on the demand of the bride groom side.

Three months after the marriage, the husband started

harassing the wife. However, the couple had two issues

from the marriage. The 2nd petitioner also started to

harass the complainant and insisted her to get money

from her parents. On 10.06.2017, the accused persons

manhandled the complainant, insisted her to get

Rs.1,00,000/- from her parents, otherwise to give

divorce. Since the complainant expressed her

reluctance, the 1st petitioner kicked her and assaulted

her with the chair and the 2nd petitioner caught hold of

her tuft and the husband forcibly administered

pesticides, she was not allowed to throw back and she

lost consciousness.

4. Learned counsel appearing for the petitioners

submits that the complainant and the petitioners were

living in cordial terms, no such incident as alleged been
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occurred. In fact, the nephew of the 1st petitioner one

Dilipkumar, aged 15 years had stated that over a trivial

issue, the husband had assaulted the complainant on

the previous evening and left the house and on the next

morning, she voluntarily consumed pesticides. In fact,

the husband himself had admitted her to hospital. The

petitioners even now are ready to take the complainant

to the matrimonial home with all love and affection and

get her treated.

5. Learned HCGP opposes the petition.

Having regard to the facts and circumstances of

the case, the petition is allowed. Petitioners are

granted anticipatory bail in Crime No.72/2017

registered by the respondent-Police for a limited period

of three weeks.

Within the above period, they shall surrender

before the concerned Court and move for regular bail.
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Until disposal of the regular bail petition, this

order will be in force.

In the event of their arrest by the respondent-

Police within the above period, they shall be released on

bail on their executing a self bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) each with one

surety for the likesum to the satisfaction of the

concerned Court.

Sd/-

JUDGE

MR