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CRL.P No. 12338 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON’BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12338 OF 2023
BETWEEN:
SMT YASHASHWINI .K.
W/O SRI. TILAK BAIRAVA,
AGED ABOUT 28 YEARS,
R/AT NO.31, RAJESHWARI NILAY,
12TH CROSS, LACHYAPPA COLONY,
B.K. NAGAR, YESHWANTPURA,
BANGALORE – 560 022.
…PETITIONER
(BY SRI: BASAVARAJ HALLAD, ADVOCATE)
AND:
Digitally
signed by STATE BY YESHWANTPURA
NANDINI MS POLICE STATION,
Location: BANGALORE – 560 022
HIGH COURT
OF REP. BY STATE PUBLIC PROSECUTOR,
KARNATAKA
HIGH COURT BUILDING,
BANGALORE – 560 001.
…RESPONDENT
(BY SRI: JAIRAM SIDDI, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN
CRL.MISC.NO.11306/2023 (CR.NO.354/2023) OF YESHWANTAHPURA
P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 506, 504, 420, 342,
417, 34 OF IPC ON THE FILE OF THE LV ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
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CRL.P No. 12338 of 2023
ORDER
Accused No.3 in Crime No.354/2023 registered by
Yeshwanthapur police station, Bengaluru for the offences
punishable under Sections 506, 504, 420, 342, 417 r/w with
Section 34 of Indian Penal Code, 1860 (‘the IPC’ for short) is
before this Court under Section 438 of Cr.PC seeking
anticipatory bail.
2. Heard the learned counsel appearing for the
petitioner and the learned HCGP appearing for the respondent.
3. Petitioner is the wife of the complainant- Tilak M.,
S/o. Manjegowda who has filed the typed complaint dated
06.11.2023 before the Station House Officer, Yeshwanthapur
police station which has resulted in registering FIR in Crime
No.354/2023 for the aforesaid offences against Kavitha Singh
and three others. The petitioner is arrayed as accused No.3 in
the FIR. Apprehending arrest in the said case, she had filed
Crl.Misc.No.11306/2023 before the Court of LV Additional City
Civil and Sessions Judge, Bengaluru (CCC-56), which was
dismissed on 24.11.2023. Therefore, she is before this Court.
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CRL.P No. 12338 of 2023
4. Learned counsel for the petitioner submits that
undisputedly the petitioner is the wife of the complainant and
their marriage was solemnized on 18.05.2022 in the presence
of relatives of both the parties. On the complaint of the
petitioner, FIR in Crime No.208/2023 was registered by
Yeshawanthapura police station, Bengaluru against her
husband Tilak and his relatives for the offences punishable
under Section 354(A), 506, 498A, 504, 149, 323 of IPC and
Sections 3 and 4 of Dowry Prohibition Act. Only as a counter to
the said case, the present complaint is lodged. Accordingly, he
prays to allow the petition.
5. Per contra, learned HCGP has opposed the bail
petition.
6. On perusal of the complaint averments, it is seen
that undisputedly the petitioner is the wife of the complainant.
The material on record would go to show that their marriage
was solemnized in the presence of their relatives on
18.05.2022. Petitioner herein had lodged a complaint before
the Yeshwanthapura police station, Bengaluru which had
resulted in registering FIR in Crime No.208/2023 against her
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CRL.P No. 12338 of 2023
husband and his relatives for the offences punishable under
Section 354(A), 506, 498A, 504, 149, 323 of IPC and Sections
3 and 4 of Dowry Prohibition Act. The present complaint is
lodged by the husband alleging that he was trapped to marry
the complainant.
7. Considering the nature of the allegations made in
the complaint and also having regard to the fact that the
petitioner had earlier filed a criminal complaint against her
husband, I am of the view that the prayer made by the
petitioner for grant of anticipatory bail is required to be
answered affirmatively.
8. Accordingly, the following:
ORDER
Criminal petition is allowed.
The respondent – police or any other police in the State of
Karnataka are directed to release the petitioner in the event of
her arrest in Crime No.354/2023 registered by
Yeshawanthapura Police Station, for the offences punishable
under Sections 506, 504, 420, 342, 417 r/w with Section 34 of
IPC, subject to the following conditions:
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CRL.P No. 12338 of 2023
a) Petitioner shall execute a personal bond for a
sum of Rs.1,00,000/- (Rupees One lakh only)
with two sureties for the likesum, to the
satisfaction of the Investigation Officer;
b) The petitioner shall regularly appear before
the Trial Court without fail unless exempted by
the Trial Court for valid reasons;
c) The petitioner shall not tamper with the
prosecution witnesses and shall co-operate
with the police for investigation and appear
before them whenever called upon till filing of
the final report.
In view of disposal of the petition, pending IA’s, if
any, stands disposed off.
SD/-
JUDGE
PN
List No.: 2 Sl No.: 15
