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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE Mr.JUSTICE BUDIHAL R.B.
Criminal Petition No.7436/2017
BETWEEN
S D SAIRAM @ S D UMESH
S/O S.R.DEVARAJ
AGED ABOUT 23 YEARS
R/O SAMUDRADAHALLY,
HIRIYURU TALUK
CHITRADURGA DISTRICT-572143
… PETITIONER
(BY SRI R B DESHPANDE, ADVOCATE)
AND
THE STATE OF KARNATAKA BY
ABBINAHOLE POLICE STATION,
CHITRADURGA DISTRICT-577546
(REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS, BENGALURU-560 001)
… RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
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THIS CRL.P IS FILED U/S.438 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON’BLE COURT MAY BE PLEASED TO ENLARGE THE
PETR. ON BAIL IN THE EVENT OF HIS ARREST IN
CR.NO.187/2017 ABBINAHOLE P.S., CHITRADURGA
DISTRICT FOR THE OFFENCE P/U/S 498A, 494, 495 OF IPC
AND SEC.3, 4 OF D.P ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused
No.1 under Section 438 of the Cr.P.C. seeking
anticipatory bail to direct the respondent-Police to
release the petitioner-accused No.1 in case of his
arrest for the alleged offences punishable under
Sections 498A, 494 and 495 of IPC and Sections 3
and 4 of the Dowry Prohibition Act registered in
respondent-Police Station in Crime No.187/2017.
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2. Brief facts of the prosecution case is that the
complainant married one Sairam @ Umesh on
13.11.2015 and after 15 days of the marriage, she
left the husband’s house since her husband and in-
laws were ill-treating her demanding the property to
be transferred into their name in lieu of dowry.
Though the efforts were made to settle the matter the
accused persons continued harassment. In the
meanwhile, the complainant’s husband filed the
petition seeking divorce as against the complainant
and it is the further allegation that accused No.1
contracted second marriage with one Kavyashree and
after marriage he begotten a child on 19.04.2017.
Hence, a private complaint came to be filed which
was referred to the police.
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3. Heard the arguments of the learned
counsel appearing for the petitioner/accused No.1
and also the learned High Court Government Pleader
for the Respondent-State.
4. I have perused the grounds urged in the
bail petition, FIR, complaint and other materials
produced in the case. So also the copy of the M.C.
petition bearing No.6/2016 on the file of the Senior
Civil Judge at Hiriyur. The said petition is filed by
the petitioner i.e., accused No.1 herein against his
wife on the ground of nullity of marriage filed under
Section 11 of the Hindu Marriage Act.
5. Subsequent to filing of this petition, the
present complaint came to be filed. Hence, petitioner
accused No.1 contended that there is a false
implication because he filed the M.C. petition. He
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also contended that the complainant filed the false
complaint against him making false allegations. He
also contended that he is innocent and not involved
in committing the alleged offences and ready to abide
by any reasonable conditions imposed by the Court.
All the alleged offences are triable by the Magistrate
Court and they are not exclusively punishable with
death or imprisonment for life. Hence, I am of the
opinion that petitioner can be granted with bail.
6. Accordingly, petition is allowed. The
respondent-Police is directed to enlarge the present
petitioner-accused No.1 on bail in the event of his arrest
for the alleged offences punishable under Sections 498A,
494, 495 of IPC registered in respondent-police station in
Crime No.187/2017, subject to the following conditions:
i. Petitioner has to execute a personal
bond for Rs.50,000/- (Rupees Fifty
6Thousand Only) and has to furnish one
solvent surety for the likesum to the
satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.
iii. Petitioner has to make himself available
before the Investigating Officer for
interrogation, as and when called for
and to cooperate with the further
investigation.
iv. The petitioner has to appear before the
concerned Court within 30 days from
the date of this order and to execute the
personal bond and the surety bond.
Sd/-
JUDGE
JT/-
