Srinath K M vs State By Karnataka

V. Srishananda, J

Witnesses not present. Memo filed with the statement of accounts. Hence, the presence of the witnesses is dispensed with.

The present petition is filed under Section 439 of Cr.P.C., with the following prayer:

“Wherefore, this Hon’ble Court may be pleased to accept this Joint Memo and pass appropriate orders in the above case in the interest of justice and equity.”

Heard Sri B. Ramesh, learned counsel for the petitioner, Sri R.K.Mahadeva, learned counsel for the defacto complainant and Sri Rahul Rai K., learned High Court Government Pleader for the respondent-State.

De-facto complainant is present before the Court. The father-in-law of the petitioner is also present. The parties amicably settled the dispute among themselves. There was live-in relationship between the parties on the ground of promise to marry. However, the promise would not be fulfilled as the petitioner has married some other lady. Therefore, a complaint came to be filed. The petitioner is arrested and he is in judicial custody on and from 15.12.2021. Charge sheet is also filed. When the matter stood thus, the parties have settled the dispute amicably and they have presented a joint memo. As per the contents of the joint memo, a sum of Rs.20,00,000/- would be paid by the petitioner to the de-facto complainant as full and final settlement as a compensation for the live-in relationship that the petitioner had with the complainant.

While fixing the amount, it is also taken note of by this court, the fact that the de-facto complainant had transferred some money through the Bank account, google pay and other methods to the petitioner’s bank account. Likewise, the petitioner has also re-paid some amount to the complainant. Taking note of these aspects of the matter and also taking note of the fact that the Bank Statement is made available before the Court, the parties wants to settle the dispute amicably. After payment of the entire amount of Rs.20,00,000/- in installment, the petition filed before this Court would come to a logical end by filing necessary petition before this Court. In pursuance of the said settlement, today a sum of Rs.1,15,000/- is paid in cash to the de-facto complainant and the same is acknowledged. The balance amount would be paid in three installments in three months gap.

Once the entire amount is paid, the lis between the parties would be brought to logical end. The said submission in the of joint memo is placed on record.

Taking note of all these aspects of the matter, continuation of the petitioner in judicial custody is no longer warranted. Accordingly, this Court passes the following:

ORDER

(i) The petition is allowed.

(ii) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court.

(iii) The petitioner shall not directly or indirectly tamper the prosecution witnesses or hamper the investigation process.

(iv) The petitioner shall not harass the de-facto complainant in any manner.

(v) The petitioner shall attend the Court regularly.

(vi) The petitioner shall not leave the jurisdiction of Chikkaballapur District without prior permission.

(vii) The complainant shall not post any objectionable materials on social media.

(viii) Each of the parties shall work towards the settlement proposed in the joint memo and both of them should not commit any act whereby the settlement fails.

Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.

Ordered accordingly.