Devidas Rathod S/o Govind Rathod vs The State Through University Police Station Kalaburagi, Represented by State Public Prosecutor

This petition is filed by the petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.400/2016 of University Police Station, Kalaburagi, registered for the offence punishable under Section 498-A of IPC and also for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961.

The averments of the complaint are that, One Nikitha Rathod got married to the petitioner about five months prior to the incident by giving cash and gold as dowry. It is further alleged that the petitioner was working as Professor in the First Grade Government College at Kudgod. The complainant was leading her marital life. As there was vacation to the petitioner''s college, she along with the petitioner came to Kalaburagi and were residing in her parental house and there also, the petitioner started demanding additional dowry in the form of gold, cash and Innova car. She explained the inability of her parents to fulfill his demands. On 29.11.2016 at about 11.00 a.m., again he enquired the complainant and she informed her parents to meet the petitioner''s demand and her parents expressed their inability. When she informed the said fact to the petitioner, the petitioner picked up the vessel in which oil was boiling and he tried to throw the same on the face of the complainant. When she escaped, the same fell on her back and thereafter, she started screaming and on hearing the same, the petitioner took her in an auto and got her admitted in Basaveshwar Hospital and thereafter, he left the place. With the help of staff of the hospital, she secured her parents and thereafter, the present complaint came to be lodged.

Heard the arguments of the learned counsel for the petitioner and learned High Court Government Pleader appearing for respondent-State.

The main grounds urged by the learned counsel for the petitioner are that petitioner has not demanded dowry. Though the petitioner is innocent and he has not committed any offence alleged against him, a false case has been registered against the petitioner. He has also contended that there is delay in filing the complaint which itself indicates that the said complaint has been concocted. He has further contended that petitioner is working as a Professor and he is permanent resident of Kalaburagi therefore, there is no chance of he being absconded and he will be available for investigation. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition.

On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that petitioner has committed a heinous offence of throwing boiling oil on her and caused severe injuries. The complainant has sustained 60% burn injuries over her body. He has also contended that the petitioner was not available for investigation and interrogation as such, the investigation has been hampered. At this juncture, if the petitioner is released on bail, he may tamper with the prosecution witnesses and there is likelihood of he being absconded and he may not be available for trial. On these grounds, he prays for dismissal of the petition.

I have gone through the contents of the FIR, complaint and other material produced along with the petition. In the complaint it is alleged that after the marriage there was demand for further dowry and in pursuance of the same, prior to 29.11.2016 and also on 29.11.2016 he has made demand for additional dowry in the form of gold and cash and in a heat of moment, when the complainant informed the petitioner that her parents are unable to meet his demand, he has thrown boiling oil on her face and when she escaped, the same fell on her back portion of the body. The offences alleged against the petitioner are not punishable with death or imprisonment for life. The petitioner is said to be Professor working in the First Grade Government College at Kudgod, therefore, there is no chance of he being absconded and avoiding the trial. Therefore, I feel that if the petitioner is released on bail by imposing stringent conditions, it would safeguard the interest of the prosecution and it would meet the ends of justice.

For the aforementioned reasons, the petition is allowed.

The respondent-Police are hereby directed to release the petitioner/accused on bail, in the event of his arrest, for the above said offences, subject to the following conditions:-

i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the arresting authority.

ii. The petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.

iii. The petitioner shall appear before the investigating officer as and when required and co-operate for investigation.

iv. The petitioner shall mark his attendance before the Investigating Officer once in a week;

v. The petitioner shall appear before the jurisdictional Court and execute personal bond, surety bonds and furnish surety within thirty days from the date of receipt of certified copy of this order.

vi. The petitioner shall not leave the jurisdiction of the concerned Court without its prior permission.