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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22nd DAY OF MARCH, 2018
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.1474/2018
BETWEEN:
Sri.M.R.Vijaykumar, S/o M.Renukaiah
Aged about 30 years,
Occupation: Senior Manager,
First Gate, Global Solutions
(Cab Gemini), E.P.I.P. II Phase,
Whitefield, Bengaluru,
Resident of Sri Venkateswara
Nilaya, Behind Noorani
Chicken Centre, Beside
S.S.I.T. College Compound,
Kunigal Road, Tumkur-572 101. … Petitioner
(By Sri Rajkumar C, Advocate)
AND:
The State of Karnataka,
By Chitradurga Town Circle
Women Police, Chitradurga,
PIN-577 501.
Represented by State Public
Prosecutor, High Court
Building, Bengaluru.
PIN: 560 001. … Respondent
(By Sri.K.Nageshwarappa, HCGP)
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This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.103/2017 of Women Police
Station, Chitradurga, for the offence punishable under
Sections 504, 323, 498A R/w Sec.34 of IPC and Sec.3 4
of Dowry Prohibition Act.
This criminal petition coming on for orders this day,
the Court made the following:
ORDER
1. This petition is filed under Section 438 of
Cr.P.C. The complaint was made by the petitioner’s wife
on 26.12.2017 alleging harassment made by her husband
i.e., the petitioner and in-laws. The marriage took place on
04.05.2017 at Chitradurga. It is alleged that at the time of
marriage, there was demand for dowry and even after
marriage, the petitioner and his parents put forth demand
for dowry and in this connection, the complainant used to
be harassed. The complaint also discloses that on
20.12.2017 the complainant made an attempt to commit
suicide but it was averted.
2. The petitioner’s counsel argues that other
accused have been released on anticipatory bail. False
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allegations are made against the petitioner. The
complainant initiated proceedings U/Sec.12 of Prevention
of Women from Domestic Violence Act and in that
complaint, it is clearly stated that she was living in her
parent’s house and never went to reside with the
petitioner. Therefore, because of contradictions found in
the complaint dated 26.12.2017 and in the petition filed
under D.V. Act, it can be stated that an attempt is made to
falsely implicate the petitioner. Hence, it is a fit case for
anticipatory bail.
3. The learned High Court Government Pleader
opposed the grant of bail on the ground that investigation
is still under progress.
4. It may be true that there may be some
contradictions in the compliant dated 26.12.2017 and the
petition filed under the Prevention of Women from
Domestic Violence Act. However, having regard to the fact
that wife was living away from the petitioner after the
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marriage, it cannot be said that there are no differences
between husband and wife. Unnecessarily no wife goes to
the extent of making allegations against the husband.
Facts and circumstances are such that discretion
U/Sec.438 of Cr.P.C., cannot be exercised. Therefore, the
petition is dismissed. Hence, the following:
ORDER
Petition is dismissed.
Sd/-
JUDGE
KCM.
NMS