IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2020
BEFORE
THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.200094/2020
Between:
1. Sidram S/o Saibanna Matakikar
Age: 70 years, Occ: Nil
R/o Aland, Tq. Aland
Dist. Kalaburagi-585302
2. Mallikarjun S/o Sidramappa Matakikar
Age: 50 years, Occ: Corporation employee
R/o Aland, Tq. Aland
Dist. Kalaburagi-585302
3. Chandrasha S/o Sidramappa Matakikar
Age: 47 years, Occ: Govt. servant
R/o Aland, Tq. Aland
Dist. Kalaburagi-585302
4. Mahadevi W/o Mallikarjun Matakikar
Age: 44 years, Occ: Household
R/o Bhim Nagar Aland, Tq. Aland
Dist. Kalaburagi-585302
5. Prema W/o Chandrasha Matakikar
Age: 42 years, Occ: Corporation employee
R/o Bhim Nagar Aland, Tq. Aland
Dist: Kalaburagi-585302
Crl.P.No.200094/2020
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6. Priya W/o Hanamanth Matakikar
Age: 40 years, Occ: Corporation employee
R/o Bhim Nagar Aland, Tq. Aland
Dist. Kalaburagi-585302
… Petitioners
(By Sri Basavaling Nasi, Advocate)
And:
State through Grameen P.S.
Kalaburagi,
Represented by Addl. SPP
High Court of Karnataka
At Bench-585102
… Respondent
(By Sri Mallikarjun Sahukar, HCGP)
This criminal petition is filed under section 438 of
Cr.P.C., praying to allow this petition and order to release
the petitioners on bail in the event of their arrest for the
offences punishable under sections 323, 324, 504, 506,
498A, 494 of IPC and section 3 and 4 of D.P. Act and
bearing C.C.No.6176/2018 of Grameen Police Station,
Kalaburagi, pending on the file of V Addl. JMFC at
Kalaburagi.
This petition coming on for orders this day, the Court
made the following:
ORDER
The petitioners have sought for anticipatory bail
under section 438 of Code of Criminal Procedure,
1973 (hereinafter for brevity referred to as ‘Cr.P.C.’)
Crl.P.No.200094/2020
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in C.C.No.6176/2018 pending on the file of V
Additional JMFC at Kalaburagi for the offences
punishable under sections 323, 324, 504, 506, 498A,
494 of Indian Penal Code, 1860 (hereinafter for
brevity referred to as ‘IPC’) and sections 3 and 4 of
Dowry Prohibition Act, 1961 (hereinafter for brevity
referred to as ‘D.P.Act’).
2. The present petitioners are accused nos.2, 3,
5, 7, 9 and 10 respectively in C.C.No.6176/2018
pending in the Court of learned V Additional JMFC,
Kalaburagi. The said criminal case was initiated by
the complainant Smt. Shobha through a private
complaint under section 200 of Cr.P.C. in
P.C.No.365/2017. She has alleged in the said
complaint that all the ten accused therein including
the present petitioners have performed the second
marriage to the accused no.1, though the complainant
being the legally wedded first wife of the accused no.1
Crl.P.No.200094/2020
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was still living and further all the accused coming to
the house of the complainant, who at that time was
living in her parents’ village, abused her in filthy
language and assaulted her and forcibly were taking
the daughter of the complainant with them. However,
the complainant was rescued by the people in the
village. The trial Court has registered the said case in
Register No.III against all the ten accused for the
offences punishable under sections 498A, 323, 504,
506 of IPC and sections 3 and 4 of D.P. Act.
3. Learned counsel for the petitioners submits
that no specific allegations are made against the
present petitioners and all the allegations are only
against accused no.1, the husband of the
complainant. He further submits that the complainant
herself had no interest in prosecuting the complaint,
as such, it was once dismissed for non-prosecution,
however, was restored later on. He also submits that
Crl.P.No.200094/2020
5
apprehending their arrest, the petitioners did not
appear before the Magistrate even after receipt of the
summons by the Court.
4. Learned High Court Government Pleader, in
his argument, submitted that the petitioners though
were already served with the summons by the trial
Court nearly a year back, but have remained absent,
as such, warrant has been issued against them. In
the said circumstance, they do not deserve to be
granted the relief as prayed.
5. A perusal of the complaint, at this stage,
would go to show that the allegation made against the
present petitioners is performing the second marriage
of accused no.1 during the lifetime of his first wife,
who is the complainant. It is also alleged in the
complaint that on 25.05.2017 at about 5.00 p.m. all
these petitioners, joined by other accused, went to the
Crl.P.No.200094/2020
6
house of the complainant and apart from assaulting
her also abused her in filthy language and threatened
to her life.
6. Irrespective of the nature of the allegation,
what is required to be seen at this stage in the
present petition is the conduct of the petitioners. A
perusal of the certified copy of the order sheet of the
trial Court, in this matter, which is placed before this
Court for its perusal by the learned counsel for the
petitioners, at this stage would go to show that much
earlier to the date on 10.04.2019 the present
petitioners were served with the summons by the trial
Court. Despite the same, they failed to appear before
the trial Court, as such, the trial Court has been
issuing the warrants against these petitioners. This
clearly go to show that despite the trial Court making
a sincere effort, even by issuing warrant for nearly a
year, the petitioners/ accused have managed to stay
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away from the proceedings in the Court below. As
such, the submission made by the learned High Court
Government Pleader that the petitioners are
absconding and it would be difficult for securing them
cannot be ignored at this stage.
As such, I am of the view that the petitioners be
directed to surrender before the Magistrate within ten
days from today and file an application for the regular
bail and which application be disposed of by the
concerned Magistrate purely on its merit without
delay.
Ordering accordingly, the petition stands
dismissed.
Sd/-
JUDGE
swk