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Sri.G.C.Kallesh S/O. Sri. … vs The State Of Karnataka on 15 March, 2017

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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
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every 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.

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