SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Rajanna N vs State Of Karnataka on 3 April, 2019

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.1758/2019
BETWEEN:
1. N.Rajanna
S/o Narayanappa,
Aged about 67 years.
2. Janakamma
W/o N.Rajanna,
Aged about 56 years.
3. Yogesh.B.R
S/o N.Rajanna,
Aged about 35 years.
4. Shilpa.J.S
W/o Yogesh B.R,
Aged about 30 years.
5. Girish B.R
S/o N.Rajanna,
Aged about 33 years.
All are residing at
No.39/b, Yelahanka,
Bagaluru Road,
Near Andhra Bank,
Bengaluru North – 562149. …Petitioners

(By Sri.Sharath.S.Gowda, Advocate)
-2-

AND:
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:

ORDER

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.

-3-

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
-4-

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-

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.

-6-

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
-7-

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
today.

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.

-8-

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

Sd/-

JUDGE

NS

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation