H M Naveen vs State Of Karnataka

Rajendra Badamikar, J

This petition is filed by the petitioner under Section 438 of Cr.P.C. seeking anticipatory bail in the event of his arrest in Crime No.20 of 2022 of Kolar Women Police Station for the offences punishable under Sections 498A, 506 read with Section 34 of IPC and under Section 4 of the Dowry Prohibition Act, 1961.

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

The brief factual matrix leading to the case is that;

On 14.06.2022 the complainant being the wife of the present petitioner has lodged a complaint alleging that her marriage was solemnized with the petitioner on 03.05.2020 at Sri Ventakeshwara Swamy temple, Edaruru village in Srinivasapura Taluku and at the time of marriage there was no demand or payment of the dowry. It is further alleged that after the marriage she was looked after well for three months. Thereafter all accused persons started to ill-treat her asking her to get the P.F amount and later on she was left in her parental house under the guise of joining job at Bangalore. Later on she was not entertained by the petitioner and his family members. When complainant called the present petitioner she was abused, threatened and she was asked to bring ten lakh rupees. Hence she lodged a complaint. As such the crime came to be registered and apprehending the arrest, petitioner approached to the learned Sessions judge. The learned Sessions judge allowed the bail petition filed by the parents of the present petitioner. But as regards the present petitioner, the bail petition came to be rejected. Therefore, the petitioner is before this Court.

Having heard the arguments and perusing the records, there is no serious dispute of the fact that the marriage was solemnized on 03.05.2020. The complaint was lodged on 14.06.2022. It is also evident that since long time the petitioner is residing in her parental house and the allegations are that she was demanded dowry of rupees ten lakhs subsequently by the present petitioner and his family members. The allegations of the complaint disclose that there is no demand of dowry during the marriage. It is further brought to the notice of this court by the learned Counsel for the petitioner that the petitioner has filed a divorce petition on 09.08.2021 before the Senior Civil Judge at Srinivasapura.

After filing of the divorce petition, this petition came to be filed. It is evident that there are certain allegations and counter allegations made against each other and divorce petition is also pending. It is a matrimonial dispute. If the petitioner is taken into the custody there is every possibility of the marriage bond broken irretrievably. There is scope for mediation in the Senior Civil Judge Court wherein in the matrimonial case for divorce petition is filed. It is also evident that the alleged offences are not exclusively punishable with death or life imprisonment and is triable by learned Sessions Court.

Under these circumstances, I do not find any impediment for admitting the petitioner on bail. The other apprehensions raised by the learned HCGP can be meted by imposing certain conditions. Hence, the petition needs to be allowed by imposing certain stringent conditions. Accordingly, I proceed to pass the following:-

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in event of his arrest, in Crime No.20/2022 of Kolar Women Police Station, registered for the offences punishable under Sections 498A, 506 read with Section 34 of IPC and under Section 4 of the Dowry Prohibition Act, 1961 on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakhs only) with one surety for the like-sum to the satisfaction of the Investigating Officer/SHO, subject to the following conditions:

(i) Petitioner shall surrender before the Investigating Officer/SHO within 15 days from the date of receipt of the certified copy of the order and in the event of his surrender, the Investigating Officer/SHO shall release the petitioner as directed above.

(ii) Petitioner shall not indulge in similar offences strictly;

(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

(iv) Petitioner shall co-operate with Investigating Officer and appear before him as and when directed during the course of investigation.

(v) Petitioner shall appear before the Investigating Officer as and when called for the purpose of investigation besides he shall also mark his attendance in the police station on 1st and 3rd Saturday of every calendar month between 9.00 a.m. and 5.00 p.m. until final report is submitted.