IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5th DAY OF MARCH, 2020
THE HON’BLE MR.JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.1003/2020
AGED ABOUT 30 YEARS,
R/O NEAR OLD CAUVERY SCHOOL
II CROSS, SHANTHINAGAR,
TUMAKURU TOWN AND DISTRICT.
PIN 572 102 …PETITIONER
(BY SRI M.L.JAYARAMU, ADVOCATE)
STATE OF KARNATAKA
BY TUMAKURU WOMEN P.S.
BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING
BENGALURU CITY 560 009. …RESPONDENT
(BY SRI M.DIWAKAR, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the
event of arrest in Cr.No.01/2020 registered by women
Police Station, Tumakuru for the offences punishable
under Sections 498A, 323, 342, 307, 504 and 506 read
with 34 of IPC and sections 3 and 4 of D.P. Act.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
Heard learned counsel for the petitioner and
learned High Court Government Pleader for the State.
Perused the materials on record.
2. The petitioner is arraigned as accused No.1 in
Crime No.1/2020 of Tumakuru Women Police Station
for the offences punishable under Sections 498A, 323,
342, 307, 504, 506 read with 34 of IPC and Sections 3
and 4 of Dowry Prohibition Act, 1961.
3. The brief facts of the case are that the
complainant Smt.Nalina K.T. is the wife of the
petitioner. Their marriage took place about three years
prior to the incident. After the marriage, it is alleged
that the accused persons started demanding more
dowry and in that context, they were illtreating and
harassing the victim. Finally, on 03.01.2020, it is
alleged that accused Nos.1, 3 and 4 caught hold of her
and accused No.2 attempted to strangulate the neck of
the victim. By that time, the mother and brother of the
victim came to the house and rescued the victim. She
went to the hospital and took treatment. Of course, the
injury certificate shows that she suffered simple injuries
to her neck and other parts of the body.
4. The accused persons have in fact approached
the Principal Sessions Judge, Tumakuru for grant of
bail in Crl.Misc.No.21/2020. The learned Judge by
order dated 13.01.2020 released accused Nos.2 to 4 on
anticipatory bail and insofar as the petitioner herein,
the Court has rejected the bail petition.
5. The above said factual aspects disclose that
accused No.2 has actually made attempt to strangulate
the neck of the victim when accused Nos.1, 3 and 4
have caught hold of the complainant. Accused No.1
stands on the same footing as that of accused Nos. 3
6. Be that as it may, this is a matrimonial dispute.
If the accused persons are sent to jail, the possibility of
compromise between the parties would get bleach. The
parties may explore the possibility of settlement at any
point in time even during the pendency of the case
between them. It is stated that accused Nos.2 and 3 are
government servants and accused No.1 is also doing
business. Therefore, there is no chance of the petitioner
fleeing away from justice.
7. Looking in the above angle, I am of the opinion
that if the petitioner is granted bail, it will facilitate the
parties to explore the possibility of settlement between
themselves. Hence the following order:
The petition is allowed. Consequently, the
petitioner shall be released on bail in the event of his
arrest in connection with Crime No.1/2020 of Women
Police Station, Tumakuru subject to the following
i) The petitioner shall surrender himself before
the Investigating Officer within Ten days from
the date of receipt of a certified copy of this
order and he shall execute personal bond for a
sum of Rs.1,00,000/- with one surety for the
like-sum to the satisfaction of the concerned
ii) The petitioner shall not indulge in hampering
the investigation or tampering the prosecution
iii) The petitioner shall co-operate with the
Investigating Officer to complete the
investigation, and he shall appear before the
Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of
Investigating Officer without prior permission,
till the charge sheet is filed or for a period of
three months whichever is earlier.
v) The petitioner shall mark his attendance once
in a week i.e, on every Sunday between 10.00
am and 5.00 pm., before the Investigating
Officer for a period of two months or till the
charge sheet is filed, whichever is earlier.