Venkatesh vs State

Budihal R.B, J.—Since these two petitions are in respect of the same crime number, they have been taken together to dispose of them by a common order. Cri. P. No. 4469 of 2014 is filed by petitioners-accused 1 to 3 and Cri. P. No. 4709 of 2014 is filed by petitioner-accused 4, both under Section 438 of Criminal Procedure Code, 1973 seeking anticipatory bail, to direct the respondent-police to release the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 497, 506 and 498-A of the Indian Penal Code, 1860 read with Sections 3 and 4 of the Dowry Prohibition Act, 1961 registered in respondent-Police Station Crime No. 51 of 2014.

Heard the arguments of the learned Counsel for the petitioners-accused 1 to 4 and also the learned Government Pleader appearing for the respondent-State in respect of both the petitions.

I have perused the averments made in the bail petition, F.I.R., complaint and all other materials produced in the case along with the petitions.

The complainant who is the wife of accused 1 has filed a private complaint alleging that all the petitioners were giving ill-treatment and harassment to her insisting her to bring dowry amount from her parental place. It is alleged that her husband-accused 1 is a gambler, he is having illicit connection with other women and he is threatening the complainant that if she did not bring the dowry amount from her parental place, he will commit her murder. The said complaint was referred to the police to investigate and submit the report before the Court.

As per the grounds urged in the bail petitions, the accused persons have contended that after the marriage complainant lead marital life with accused 1 only for a short period and then she went back to her parental place. Even though accused 1 is ready to take back the complainant to his house but she is not ready to come and lead the marital life. It is also mentioned that 2-3 times panchayat was also held. Even then it did not yield any result. It is also the contention of the accused persons that false allegations are made against them and they have been falsely implicated in the case. They have undertaken to abide by any conditions to be imposed by the Court. The alleged offences are all triable by the Magistrate Court and not exclusively punishable with death or imprisonment for life. Hence, by imposing reasonable conditions, petitioners may be admitted to bail. Accordingly, both the petitions are allowed. The respondent-police are directed to release the petitioners on bail in the event of their arrest for the alleged offences under Sections 497, 506 and 498-A of IPC read with Sections 3 and 4 of the Dowry Prohibition Act registered in respondent-Police Station Crime No. 51 of 2014, subject to the following conditions:

(i) Each petitioner shall execute a personal bond for a sum of Rs. 25,000/- and furnish one surety for the like sum to the satisfaction of the concerned Court.

(ii) They shall not tamper with any of the prosecution witnesses directly or indirectly.

(iii) They shall make themselves available before the Investigating Officer for interrogation whenever called for.

(iv) They shall appear before the concerned Court within 30 days from the date of this order and to execute personal bond and also surety bond.