IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2019
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.1758/2019
Aged about 67 years.
Aged about 56 years.
Aged about 35 years.
W/o Yogesh B.R,
Aged about 30 years.
5. Girish B.R
Aged about 33 years.
All are residing at
Near Andhra Bank,
Bengaluru North – 562149. …Petitioners
(By Sri.Sharath.S.Gowda, Advocate)
State of Karnataka,
By Bhagalur Police Station,
Rep. by SPP,
High Court of Karnataka Building,
Bengaluru – 560001. … Respondent
(By Sri.Nasrulla Khan, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioner on bail in the
event of their arrest in Crime No.31/2019 of Bhagalur
Police Station, Bengaluru for the offences punishable
under Sections 498A of IPC and under Sections 3 and 4
of Dowry Prohibition Act, 1961.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
The present petition has been filed by the
accused/petitioner Nos. 1 to 5 under Section 438 of
Cr.P.C praying this Court to release them on
anticipatory bail in the event of their arrest in Crime
No.31/2019 of Bhagalur Police Station for the offences
punishable under Sections 498A of IPC and Sections 3
and 4 of Dowry Prohibition Act, 1961.
2. I have heard the learned counsel for the
petitioners and the learned High Court Government
Pleader for respondent-State.
3. Gist of the complaint is that complainant got
married with accused/petitioner No.5 on 16.02.2017.
Thereafter, accused/petitioners along with accused No.5
started ill-treating and harassing the complainant for
demand of dowry. It is further alleged that
accused/petitioner No.5 was in the habit of smoking
and the complainant asked him to leave the said habit.
He told her that he may leave her but not the habit of
smoking. He showed his adamant attitude towards the
questions of the complainant. It is further alleged that
he also raised loans from others and was insisting the
complainant and her father to repay the loan. It is
further submitted that the complainant once tried to
commit suicide and thereafter when she had been to
parents house and there also accused/petitioner Nos.1
and 3 came and made galata on 31.01.2019. On the
basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel
for the petitioners that the allegation have been falsely
made against the accused/petitioners. A false complaint
has been registered and he submits that the alleged
offence is not punishable with death or imprisonment
for life and they are triable by the Court of Magistrate.
Whether the accused/petitioners are connected with the
alleged offence is a matter which has to be considered
and apprehended only at the time of trial. No physical
injuries have been suffered by the complainant and the
complaint was lodged belatedly after the alleged
incident. Accused/petitioners are ready to abide by any
conditions that may be imposed on them by this Court
and ready to offer sureties. On these grounds, he
prayed to allow the petition and to release the
accused/petitioners on bail.
5. Per contra, learned High Court Government
Pleader vehemently argued and submitted that the
accused/petitioners have ill-treated and harassed the
complainant for demand of dowry and even accused
No.5 was having adamant nature and because of the
said ill-treatment and torture the complainant had tried
to commit suicide and even the elders have advised the
accused/petitioner No.5 in this behalf. He further
submits that if the accused/petitioners are ordered to
be released on anticipatory bail, they may not be
available for the purpose of investigation and
interrogation and they may abscond. On these
grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through
the submissions made by the learned counsel for both
the parties and perused the records.
7. As could be seen from the contents of the
complaint and other materials that it is alleged that
immediately after the marriage after some time there
was ill-treatment and harassment and difference of
opinion between the complainant and the
accused/petitioner No.5 and even there was demand of
dowry. Whether there was ill-treatment and harassment
which has to be considered only at the time of trial. The
alleged offence is not punishable with death or
imprisonment for life. Under the said facts and
circumstances, I feel that by imposing some stringent
conditions, if the accused/petitioners are ordered to be
released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above,
petition is allowed. Accused/petitioner Nos.1 to 5 are
enlarged on anticipatory bail in the event of their arrest
in Crime No.31/2019 of Bhagalur Police Station for the
offences punishable under Sections 498A of IPC and
Sections 3 and 4 of Dowry Prohibition Act, 1961 subject
to the following conditions:
1. Petitioner/accused Nos.1 to 5 shall execute
a personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh Only) each with two
sureties each for the likesum to the
satisfaction of the Investigating Officer.
2. They shall surrender before the
Investigating Officer within 15 days from
3. They shall not tamper with the prosecution
evidence directly or indirectly.
4. They shall mark their attendance once in a
month i.e., on 1st of every month between
10.00 a.m., and 5.00 p.m., before the
concerned police station till the charge
sheet is filed.
5. They shall not leave the jurisdiction of the
Court without prior permission.
6. They shall not indulge in similar type of