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Sri E Swamy Gowda vs State Of Karnataka on 28 November, 2018

CRL.P.NO.7931/2018 C/W
CRL.P.NO.7930/2018
1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF NOVEMBER, 2018

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.7931 OF 2018
C/W
CRIMINAL PETITION NO.7930 OF 2018

IN CRL.P NO.7931/2018

BETWEEN

SRI E SWAMY GOWDA
S/O LATE EREGOWDA,
AGED ABOUT 43 YEARS
NO.3, 1ST FLOOR,
MUNICIPAL COMPLEX,
M.G.ROAD, KANAKAPURA TOWN,
RAMANAGARA DISTRICT-562 117
… PETITIONER
(BY SRI: PRAKASH M H, ADVOCATE)

AND:

STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT,
THROUGH KANAKAPURA TOWN POLICE
KANAKAPURA TALUK,
RAMANAGARA DIST-562 117
… RESPONDENT

(BY SRI: NASRULLA KHAN, HCGP FOR RESPONDENT
SRI: K. SUBRAMANYA, ADVOCATE FOR COMPLAINANT)

THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN EVENT OF HIS ARREST IN
CRL.P.NO.7931/2018 C/W
CRL.P.NO.7930/2018
2

CR.NO.153/2018 OF KANAKAPURA TOWN POLICE STATION,
RAMANAGARA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
419, 114, 494, 498(A), 323, 504, 506, 342, 327, 376(B) R/W SEC.34 OF
IPC. AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT AND SEC.3(1)(R)
AND 3(1)(S) (SC/ST ACT) OF PREVENTION OF ATROCITIES ACT. THE
III ADDITIONAL DISTRICT AND SESSIONS JUDGE, I/C.I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, RAMANAGARA HAS REJECTED THE
BAIL PETITION ON 12.10.2018 IN CRL.MISC.NO.520/2018.

IN CRL.P NO.7930/2018

BETWEEN

1. RATHNA P @ RATHNAMMA
D/O PUTTASWAMY,
AGED ABOUT 35 YEARS
R/AT TRANSFORMER ROAD,
KANAKAPRUA TOWN,
RAMANAGARA DISTRICT-562117

2. SRI.DODDAMADAIAH
S/O LATE DUNDAIAH,
AGED ABOUT 72 YEARS,
R/AT NO.3231, OPP. TTC,
KANAKAPURA TOWN,
RAMANAGARA DISTRICT-562 117
… PETITIONERS

(BY SRI: PRAKASH M H, ADVOCATE)

AND:

STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT,
THROUGH KANAKAPURA TOWN POLICE
KANAKAPURA TALUK,
RAMANAGARA DIST-562 117.
… RESPONDENT

(BY SRI: NASRULLA KHAN, HCGP FOR RESPONDENT
SRI: K. SUBRAMANYA, ADVOCATE FOR COMPLAINANT)
CRL.P.NO.7931/2018 C/W
CRL.P.NO.7930/2018
3

THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN EVENT OF THEIR ARREST IN
CR.NO.153/2018 OF KANAKAPURA TOWN POLICE STATION,
RAMANAGARA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
419, 114, 494, 498(A), 323, 504, 506, 342, 327, 376(B) R/W SEC.34 OF
IPC. AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT AND SEC.3(1)(R),
3(1)(S) OF SC ST (PREVENTION OF ATROCITIES) AMENDMENT ACT.
THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, I/C.I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA HAS
REJECTED THE BAIL PETITION ON 12.10.2018 IN
CRL.MISC.NO.520/2018.

THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Petitioners are accused Nos.1 to 3 in Cr.No.153/2018 of

Kanakapura Town Police Station, Ramanagara. The said case is

registered against the petitioners for the offences punishable

under Sections 3 and 4 of Dowry Prohibition Act, 1961, Section

3(1) (r) of The Scheduled Castes and the Scheduled

Tribes(Prevention of Atrocities) Act, 1989, Sections 494, 323,

327, 504, 498A, 342, 376B, 419, 114 and 506 r/w 34 of

Indian Penal Code and Section 3(1) (s) of The Scheduled

Castes and the Scheduled Tribes(Prevention of Atrocities)
CRL.P.NO.7931/2018 C/W
CRL.P.NO.7930/2018
4

Amendment Act, 2015, on the complaint of one Smt. Sunila

alias Shalini.

2. The case of the prosecution in brief is as follows:-

That the first accused an advocate was married and was

having one child out of his first marriage. Suppressing that fact,

accused Nos.1 to 3 approached the parents of the complainant

representing the first accused to be bachelor mooted marriage

proposal with complainant. The marriage was performed on

03.08.2017 at Sri. Laxmi Narasimhaswamy Temple Kalyan

mantap, Konakuntla village, Chintamani. When the

complainant came to stay in the house of accused No.1, she

found undue intimacy between accused No.1 and accused No.2.

When the complainant questioned that, accused Nos.1 and 2

subjected her to physical and mental cruelty. Further, the first

accused enquired about the caste of the complainant and on

she revealing that she belongs to Scheduled Caste, he

humiliated her saying that had he known her caste, he would

not have married her and she is not eligible to live in the house.

Ultimately, accused Nos.1 and 2 threw her out of the house of
CRL.P.NO.7931/2018 C/W
CRL.P.NO.7930/2018
5

the first accused, snatched all her valuables and threatened to

kill her, if she returns home. After few days, accused No.1

contacted the complainant and sought time for divorcing his

first wife and represented that then he leads a family life with

her. On 27.09.2018, when the complainant approached the first

accused in Kanakapura Court, he denied their marriage and

declined to take her back stating that she belongs to Scheduled

Caste.

3. The allegation of humiliating the complainant on the

basis of caste discrimination is against the first accused. The

only allegation against the third accused is that he was a

mediator in the marriage. Sofar as the second accused, it is

alleged that, she is the paramour of the first accused. They have

no other criminal antecedents except this case.

4. So far as the first accused, as per CD records made

available for perusal of this Court, he is involved in two other

cases. As per CD records, though he was married and having a

child, suppressing that marriage, has contracted second

marriage with the complainant. He is facing allegations of
CRL.P.NO.7931/2018 C/W
CRL.P.NO.7930/2018
6

deserting the complainant on caste discrimination. The case is

at the investigation stage and he is elusive. Under these

circumstances, accused No.1 is not entitled for anticipatory bail.

Accused Nos.2 and 3 can be granted anticipatory bail with

suitable conditions.

5. Therefore, Crl.P.No.7931/2018 filed by the first accused

is rejected.

Crl.P.No.7930/2018 filed by accused Nos.2 and 3 is

allowed. The petitioners in Crl.P.No.7930/2018/accused Nos.2

and 3 are granted anticipatory bail in Crime No.153/2018 of

Kanakapura Town Police Station, Ramanagara. If they are

arrested in the said case, they shall be released on bail on the

following conditions:

(i) The petitioners/accused Nos.2 and 3 shall appear
before the Investigating Officer within ten days from
the date of receipt of copy of this order.

(ii) They shall execute personal bond in a sum of
Rs.25,000/- and furnish two sureties in the likesum
to the satisfaction of the Investigating
Officer/Magistrate for their appearance.

CRL.P.NO.7931/2018 C/W
CRL.P.NO.7930/2018
7

(iii) They shall appear before the Investigating
Officer/Court as and when required for the purpose
of investigation/trial.

(iv) They shall not tamper the prosecution witnesses in
any manner.

Sd/-

JUDGE

*mn/-

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