High court sets aside Lower Court’s order and grants bail to the petitioner on cruelty and dowry: Karnataka High Court

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY 2022 THE HON BLE MR. JUSTICE H.P. SANDESH CRIMINAL PETITION NO.310 2022 BETWEEN: S O GAVISIDDAIAH AGED ABOUT 31 YEARS R O SHITTAHALLI VILLAGE KIRUGAVALU HOBLI MALAVALLI TALUK ADDRESS SHOWN IN FIR AS SHETTAHALLI VILLAGE MALAVALLI TALUK MANDYA DISTRICT. … PETITIONER BY SRI SOMEGOWDA A.N ADVOCATE) STATE OF KARNATAKA BY MANDYA WOMEN POLICE STATION MANDYA TOWN CIRCLE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING Dr. B.R. AMBEDKAR VEEDHI BENGALURU 560001 BY SRI H.S.SHANKAR HCGP) … RESPONDENT 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 CR.NO.46 2021 OF MANDYA WOMEN P.S. MANDYA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A 323 504 506 R W. SECTION 34 OF IPC AND SECTIONS 3 4 OF D.P.ACT. THIS CRIMINAL PETITION COMING ON FOR ORDERS ‘THROUGH VIDEO CONFERENCE’ THIS DAY THE COURT MADE THE FOLLOWING: O R D E R This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.46 2021 registered by Mandya Women Police Station Mandya District for the offences punishable under Sections 498A 323 504 506 read with Section 34 of IPC and Sections 3 & 4 of D.P. Act. 2. Heard learned counsel appearing petitioner and the learned High Court Government Pleader appearing for the respondent State. 3. The factual matrix of the case is that the marriage of this petitioner was solemnized with the complainant on 23.05.2021 and she was subjected to cruelty and also assaulted and caused life threat. Apart from that subjected her for dowry harassment. Based on the complaint a case has been registered. The learned counsel appearing for the petitioner submits that in a short while of the marriage the said allegation is made and a false allegation is made against the petitioner and the offences are not punishable with death or imprisonment for life. An only allegation is that he assaulted with hands caused life threat and abused. With regard to the allegation of dowry harassment it requires a trial. Per contra the learned High Court Government Pleader appearing for the State would submit that this petitioner being the husband of the complainant subjected her for cruelty and also dowry harassment. Hence there is a prima facie case against this petitioner. Having heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State and looking into the contents of the complaint and taking into note of the marriage of the petitioner with the complainant and the nature of allegations made in the complaint it is a fit case to exercise the discretion under Section 438 of Cr.P.C. in favour of the petitioner. In view of the discussions made above I pass the The petition is allowed. Consequently the petitioner shall be released on bail in the event of his arrest in respect of Crime No.46 2021 registered by Mandya Women Police Station Mandya District for the offences punishable under Sections 498A 323 504 506 read with Section 34 of IPC and Sections 3 4 of D.P. Act subject to the following conditions: 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 shall execute a personal bond for a sum of Rs.2 00 000 with two sureties for the like sum to the satisfaction of the concerned Investigating The petitioner shall not indulge in hampering the investigation or tampering the prosecution iii) The petitioner shall co operate with Investigating Officer 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 month i.e. on 30th of every month between 10.00 am and 5.00 pm. before the Investigating Officer for a period of three months or till the charge sheet is filed whichever is earlier. Sd 

Summary: The criminal petition filed under section 438 of Cr.P.C seeking enlargement on bail for the offence punishable under section 498A( Husband or relative of husband of a woman subjecting her to cruelty), 323 ( punishment for voluntarily causing hurt), 504 ( intentional insult with intent to provoke breach of peace), 506 (punishment for criminal intimidation) read with Section 34 of IPC ( acts done by several person in furtherance of common intention) and sections 3 ( penalty for giving or taking dowry )&amp; 4 ( penalty for demanding dowry) of Dowry prohibition Act by the petitioner. And the petition is allowed by the High court of Karnataka through the learned bench led by the Honorable Mr. Justice H P Sandesh in the case Anandakumar vs state of Karnataka ( criminal petition no.310/2022) on 20th January 2022.  Brief facts of the case are that the marriage of this petitioner was solemnized with the complainant on 23rd may 2021. After the marriage due to some problem, the petitioner subject her to cruelty and she was assaulted and Caused her life in threat. Apart from that she was also subjected to dowry also. And then the complainant logged a case the petitioner.  Arguments presented by the learned counsel appearing on behalf of petitioner that in a short while of the marriage the said allegation is made and a false allegation is made against the petitioner and the offences are not punishable with death or imprisonment for life. An only allegation is that he assaulted with hands, caused life threat and abused. With regard to the allegation of dowry harassment, it requires a trial.  Arguments presented by the learned high court government pleader appearing on behalf of Complainant that this petitioner being the husband of the complainant subjected her for cruelty and also dowry harassment. Hence, there is a prima facie case against this petitioner.  After hearing both the counsels and looking into the contents of the complaint and considering the records presented before the honorable court by the counsels, the petition was allowed by court that the petitioner shall be released on bail in the event of his arrest in respect of crime on certain grounds such as: 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 shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer;The petitioner shall not indulge in hampering the investigation or tampering the prosecution Witnesses ; 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; The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier; The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier. Click here to read the judgement