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Judgments of Supreme Court of India and High Courts

Sri Manjunath N vs State Of Karnataka on 28 November, 2018

CRL.P.NO.8446/2018

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.8446 OF 2018

BETWEEN

1. SRI MANJUNATH N
S/O SRI.NARAYANAPPA,
AGED ABOUT 42 YEARS,

2. SRI ASHWATHAPPA N
S/O SRI.NARAYANAPPA,
AGED ABOUT 53 YEARS,

3. SMT CHANDRAKALA H G
W/O SRI ASHWATHAPPA N,
AGED ABOUT 44 YEARS,
PETITIONERS NO. 01 TO 03 ARE RESIDING AT
NO.217, 1ST CROSS,
VINAYAKA LAYOUT, DEVASANDRA,
KRISHNARAJAPURAM,
BANGALORE-560036.

4. SMT BHARATHI
D/O. SRI. NARAYANAPPA,
W/O SRI. H.N. CHANDRAPPA,
AGED ABOUT 44 YEARS,

5. SRI H N CHANDRAPPA
S/O SRI.NAGRAJAPPA,
AGED ABOUT 48 YEARS,

PETITIONER NO. 04 05 ARE RESIDING AT
HONACHANAHALLI, KATTIGENALLI,
BENGALURU RURAL DISTRICT-562114.
CRL.P.NO.8446/2018

2

6. SMT MAHADEVAMMA
W/O LATE SRI.CHANDRAPPA,
AGED ABOUT 46 YEARS
RESIDING AT MASTI GOWDA PUTTAPPA LAYOUT,
NEAR ANAND NILAYA, 5TH CROSS,
MAHADEVAPURA,
BANGALORE-560048.
… PETITIONERS

(BY SRI: ZAHID ALI, ADVOCATE FOR
SMT: JAILAXMI BAI V, ADVOCATE)

AND:

STATE OF KARNATAKA
BY ANNAPOORNESHWARI NAGAR POLICE STATION,
ANNAPOORNESHWARI NAGAR,
BANGALORE CITY-560072.
REPTD. BY STATE PUBLIC PROSECUTOR,
KARNATAKA HIGH COURT BUILDING,
BANGALORE CITY-560001.
… RESPONDENT

(BY SRI: NASRULLA KHAN, HCGP)

THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE
THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN
CR.NO.324/2018 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498A, 420, 504, 506 R/W 34 OF IPC AND SECTIONS 3, 4 OF
D.P ACT. THE LXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE HAS DISMISSED THE BAIL PETITION ON 07.11.2018 IN
CRL.MISC.NO.8788/2018.

THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:-
CRL.P.NO.8446/2018

3

ORDER

Annapoorneshwari Nagar police, Bengaluru, have

registered Cr.No.324/2018 against the petitioners for the

offences punishable under sections 498A, 420, 504, 506 r/w 34

of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition

Act, 1961, on the complaint of one Smt. Nandini.

2. It is alleged that petitioner Nos.2 to 6 suppressing the

illicit relationship of petitioner No.1 and petitioner No.6 and

suppressing the age and occupation of the first petitioner,

performed the marriage of the complainant with the first

petitioner. It is further alleged that subsequent to the marriage,

petitioners subjected the complainant to physical and mental

cruelty in connection with their unlawful demand.

3. The maximum punishment prescribed for the major

offence alleged against the petitioners is imprisonment upto

seven years and the offences are triable by the Magistrate. There

is delay in filing the complaint. Under these circumstances, it is

a fit case to grant anticipatory bail with suitable conditions.

CRL.P.NO.8446/2018

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4. The petition is allowed. The petitioners are granted

anticipatory bail in Crime No.324/2018 of Annapoorneshwari

Nagar Police Station, Bengaluru. If they are arrested in the said

case, they shall be released on bail on the following conditions:

(i) The petitioners 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/Court
for their appearance.

(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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