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Nagesh Pai vs State of Karnataka

Karnataka High Court · Decided on 15 March 2011 · Citation: (2011) 03 KAR CK 0339

HON’BLE JUDGES
A.S. Pachhapure, J
ACTS & SECTIONS REFERRED
Dowry Prohibition Act, 1961 — Section 3, 4 · Penal Code, 1860 (IPC) — Section 498A
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 884 of 2011
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Judgment

9 paragraphs · 412 words

A.S. Pachkapure, J.—The Petitioner is the husband of the complainant-Niriksha Pai. Their marriage took place on 17.06.2009. After the marriage, it is alleged that the Petitioner was subjecting the complainant to cruelty and harassment, insisting her to bring money from her parents. It is further alleged that during her pregnancy, she was sent to parental home for the purpose of delivery. Thereafter, she gave birth to a son on a "Moolanakshatra" day. It is because of this reason, she alleges that the Petitioner used to harass her having given birth to a son on an inauspicious day and also threatened to kill the child. On these facts, a complaint carne to be filed arid registered for the offence punishable u/s 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act.

2.

It is the case of the Petitioner that he is innocent and has not committed any offence much less the one alleged. He is ready and willing to abide by any condition/s that may be imposed for his release on bail. He has filed a petition for restitution of conjugal rights and apprehending arrest for non-bailable offence.

3.

As could be seen from the allegations in the complaint, they are general in nature. The facts relating to subjecting the complainant to cruelty are matters, which will have to be assessed on the basis of the evidence during the trial. Taking into consideration the facts stated above and that the Petitioner is aged about 28 years, I think that it is a fit case, wherein anticipatory bail could be granted.

In that view of the matter, the petition is allowed. The Petitioner is ordered to be released, on bail in the event of his arrest, on his executing a personal bond for a sum of Rs. 25, 000-00 with one solvent surety for the likesum to the satisfaction of the Arresting Authority with further following conditions:

1) The Petitioner shall appear before the Police station concerned, within 10 days from today.

2) He shall be made available for interrogation by a police officer as and when he is required.

3) He shall not, directly or indirectly, make any inducement, threat or promise to any person case so as to the court or to any police officer.

4) He shall attend the Court as and when directed.

5) He Shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m. till the charge sheet is filed.