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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2017
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.896/2017
BETWEEN:
SRI.G.C.KALLESH S/O.SRI.CHANDRAPPA
AGED ABOUT 35 YEARS
R/O.SOMMASHETTYHALLI
CHANNGIRI TALUK
DAVANGARE DISTRICT - 577 213 ... PETITIONER
(BY SRI.SIDDANOORU VISHWANATHA, ADVOCATE)
AND :
THE STATE OF KARNATAKA
BY HOLEHONNUR POLICE STATION
BHADRAVATHI TALUK
SHIMOGA DISTRICT - 577 227
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001 ... RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C PRAYING TO
ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.350/2016 OF HOLEHONNUR P.S.,
SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S
498A, 307 OF IPC AND SEC.3,4 OF D.P ACT.
THIS CRL.P COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
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ORDER
This petition under Section 438 of Cr.P.C. is filed
seeking enlargement of petitioner on anticipatory bail
in Crime No.350/2016, registered in Holehonnur
Police Station for offences punishable under Sections
498A, 307 of IPC and Sections 3, 4 of Dowry
Prohibition Act.
2. Shri Vishwanatha, learned Counsel for the
petitioner arguing in support of the petition
contended that a false complaint has been filed
against the petitioner to harass him. The complainant
is the wife of petitioner. Adverting to the complaint
averments, he submits that the complainant was in
her parents’ house at the time of alleged incident. It
is alleged in the complaint that the petitioner forced
her to consume poison and she was admitted in the
hospital by her father.
Learned Counsel further argued that the
complaint per se is false and fabricated. The
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petitioner is an agriculturist and the alleged incident
has taken place in the parental home of complainant
which is wholly incomprehensible. In the
circumstances, he prays for allowing this petition.
3. Petition is opposed by the learned HCGP.
4. I have carefully considered the submissions
of the learned Counsel for the petitioner, learned
HCGP perused material papers.
5. It is stated in the complaint that on
29.10.2016, petitioner went to the house of his
in laws and demanded a sum of Rs.10,00,000/- and
assaulted the complainant. It is further alleged that
the petitioner forcibly made the complainant to drink
poison. The matter is under investigation.
Admittedly, victim was staying in her parents house.
With the allegation of family discord, it is prima facie
hard to accept the version of prosecution while
considering an application for bail. Hence, without
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expressing any opinion on the merits, keeping in view
the complaint averments, in my view, the petitioner is
entitled for a protection by way of anticipatory bail.
Therefore, this petition merits consideration and
deserves to be allowed. Accordingly, it is directed
that:
(i) In the event of arrest or voluntary
surrender of petitioner in Crime
No.350/2016 before the
jurisdictional Police or Magistrate on
or before 25.3.2017, he shall be
released on bail upon his executing
a self bond for a sum of
Rs.50,000/- with one surety for the
like sum to the satisfaction of the
investigating officer;
(ii) Petitioner shall co-operate with the
Investigating Officer during the
further course of investigation and
appear as and when called upon;
(iii) Petitioner shall mark his attendance
before the jurisdictional Police on
5every 1st and 3rd Sunday of each
calendar month between 10 a.m.
1 p.m till the charge sheet is filed;
(iv) Petitioner shall not directly or
indirectly make any inducement,
threat or promise to prosecution
witness or any person acquainted
with the facts of the case, so as to
dissuade him from disclosing such
facts to the Court or investigating
officer;
(v) Petitioner shall not involve himself in
any criminal activities; and
(vi) If the petitioner violates any one of
the conditions, the prosecution shall
be at liberty to seek cancellation of
bail.
Petition allowed.
Sd/-
JUDGE
Yn.
