IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS ii IF 210 DAY OF FEBRUARY 2011 BE FORE THE lION’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITON No.10169/2011 BETWEEN: Hussainsab. S/o. T.G.Honnursah. Aged about 30 years. Rio. Pinjar Street, Old Mosque Beliary, Dist. Bellary. . . Petitioner (By Shri. M.Amare GoLida. Ad\ocate) AND: The State of Karnataka, Through Rural Police Station, Hospet, Represented by S.P.P.. High Court building Dharwad. .. Respondent (By Shri. Anand KLlmar Navaluimath. Government Pleader) This Criminal Petition is flied under Section 438 of the Code of Criminal Procedure. seeking to grant an anticipatory bail to the petitioner directing the Rural Police Station Hospet, to enlarge these petitioner in an event of the arrest in connection with the Police Station Crime No.65/2010 pending before the Principal Civil Judge (Junior Division) and J.M.F.C.. Bellary. for the offences iuniliable under Sections 498-A, 323, 504, 506 read with Section 149 of the Indian Penal Code and 3 and 4 of Dowry Prohibition Act. This petition coming on for orders this day, the Court made the following: ORDER Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The petitioner is before this Court, on rejection of the petition for anticipatory bail. The background, to this petition is that the petitioner was married to the complainant on 06.01.2006. It is the complainant’s case that, at the time of the marriage, there was a demand for dowry of cash and gold, a part of which was provided, the petitioner however, had demanded the remaining amount that was to be paid. However, for a year, the complainant and the petitioner lived cordially and a child was born to them. but the petitioner continued to make demands on the complainant for remaining amounts dowry, which was assured. When she was pregnant with a second child, the child was aborted, on the pretext of that since the remaining amount was not paid, it was not possible for the petitioner to take care of the complainant as well as another child. She was constantly ill-treated by the petitioner and his family members. It is on these allegation that the complainant had filed a private compliant as on 03.03.2010. The Court having referred the matter for investigation by the Police, the Rural Police have registered a case in Crime No.65/2010, for offences punishable under Sections 498-A. 323, 504, 506 read with Section 149 of the Indian Penal Code and Sections 3 and 4 ofthe Dowry Prohibition Act. 3. The learned Government Pleader has filed his statement of objections merely to reiterate the allegations in the complaint and to contend that the matter is under investigation. Therefore, the Court below has rightly rejected the bail application on the ground that the matter is under investigation and the petitioner was not entitled to anticipatory bail having regard to the serious olfences alleged. In the above background, it is merely on the•• allegations against the petitioner the case has been regitêred, there is no prima facie material to indicate that there was such £ 4 demand and receipt of dowry or that there was ill-treatment and cruelty against the complainant. In that view of the matter, the petitioner has made out a case for anticipatory bail. In the event, that the petitioner should be arrested he shall be enlarged on bail subject to the following conditions: 1) He shall furnish a personal bond for a sum of?20,000/-, with a solvent surety for a like sum, to the satisfaction ofthe trial Court. 2) He shall make himself available to the Investigation OtIlcer as and when required for the purposes of investigation. 3) He shall not leave the jurisdiction ofthe trial Court without seeking leave ofthat Court. 4) He shall not seek to induce or threaten the prosecution witnesses. 5) He shall attend the trial Court on all dates of hearing without fail subject to the Court granting exemption for good and valid reason. The prosecution is granted liberty to seek cancellation of bail. In the event that they should satis& this Court any changed circumstances on the basis of which the bail ought to be cancelled. Sdf JUDGE Rsh