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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9103/2017
BETWEEN:
SRI AMITHCHANDRA
S/O D.S. MAHESHCHANDRA
AGED ABOUT 33 YEARS
R/AT SHREYAS, 1ST CROSS
RAILWAY STATION ROAD
GANDHINAGAR
TUMAKURU – 572 101.
… PETITIONER
(BY SRI H.V. MANJUNATHA, ADV.)
AND:
STATE OF KARNATAKA
TIPTUR TOWN POLICE STATION
TUMAKURU DISTRICT
BY SPP
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
…RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP.)
THIS CRL.P. FILED UNDER SECTION 438 CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CR.NO.152/2017 OF TIPTUR TOWN
P.S., TUMAKURU DISTRICT FOR THE OFFENCE P/U/S. 498A,
504, 34 OF IPC R/W SECTIONS 3 AND 4 OF DOWRY
PROHIBITION ACT.
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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners/accused
No.1 under Section 438 of Cr.P.C. seeking anticipatory
bail to direct the respondent-police to release the
petitioner on bail in the event of his arrest for the
offences punishable under Sections 498-A and 504
r/w. 34 of IPC and also Sections 3 and 4 of Dowry
Prohibition Act, registered in respondent police station
Crime No.152/2017.
2. Brief facts of the prosecution case are that,
one Manjushree, wife of the petitioner herein lodged a
complaint on 16.9.2017 at about 10.30 a.m. stating
that her marriage with the petitioner was solemnized on
6.7.2016 at Seetharamaiah Kalyana Mantapa, Tiptur.
At that time, 30 grams of gold chain, 30 grams of gold
bracelet and 10 grams of gold ring were given as dowry
to the petitioner. She was also given 200 grams of gold
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ornaments. They lead marital life happily for 2 to 3
months and later the petitioner started harassing the
complainant stating that she is not looking good and he
married her with an intention that she may get
Rs.50,000/- salary as well as gold items. Further it is
alleged that the petitioner told the complainant that
while returning after Deepavali she has to get gold chain
from her mother, but she did not get the same, as such
the petitioner did not talk to her and when questioned
about that, he told that she was not looking good and if
he would have married to any other girl, he would have
got more dowry. Thereby, the petitioner harassed her
physically and mentally. On the basis of the said
complaint, case came to be registered for the aforesaid
offences.
3. Heard the arguments of the learned counsel
appearing for the petitioner/accused and also the
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learned High Court Government Pleader appearing for
the respondent-State.
4. Perused the grounds urged in the bail
petition, FIR, complaint, and other materials produced
in the case.
5. No doubt, there are some allegations made
in the complaint. But the petitioner denied all those
allegations contending that he has been falsely
implicated in the case. He is innocent and not involved
in committing the said offences. He has undertaken
that he is ready to abide by any conditions to be
imposed by this Court. The alleged offences are triable
by the Magistrate Court. They are not exclusively
punishable with death or imprisonment for life. Hence,
by imposing reasonable conditions, he can be admitted
to anticipatory bail.
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6. Accordingly, petition is allowed. The
respondent-Police is directed to enlarge the present
petitioner/accused on bail in the event of his arrest in
connection with Crime No.152/2017 registered for the
above said offences, subject to the following conditions:
i. Petitioner shall execute a personal
bond for Rs.50,000/- and shall to
furnish one 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
SA