Allowed

Dr. Shivakumara N v. Vs the State of Karnataka

Karnataka HC10 Nov 2023CRL.P/11122/2023

Case brief

AI extract

What is this about?

Single Judge of the High Court of Karnataka allowed a Criminal Petition for anticipatory bail under Section 438 Cr.P.C. in a case involving dowry harassment and assault. The court noted belated FIR lodgement and lack of prior antecedents.

What did the court decide?

Petitioner shall be released in the event of his arrest, subject to conditions including executing a personal bond of Rs. 50,000/- and surrendering within one week.

Dr. Shivakumara N v Vs the State of Karnataka — Domestic Violence | Karnataka HC (2023)

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NC: 2023:KHC:40420 CRL.P No. 11122 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 11122 OF 2023

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BETWEEN:

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DR. SHIVAKUMARA N.V, S/O VENKATESHAPPA, AGED ABOUT 37 YEARS, R/AT NO.894, 19TH MAIN B.D.A LAYOUT, GNANABHARATHI, MARIYAPPANAPALYA, BENGALURU - 560 056.

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…PETITIONER

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(BY SRI. SRINATHA B.V, ADVOCATE FOR SRI. NANJUNDA GOWDA M.R, ADVOCATE) AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA, BY JNANABHARATHI POLICE, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKER VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL K. RAI, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.353/2023 OF JNANABHARATHI POLICE STATION, FOR THE OFFENCE P/U/S 324, 498A, 504, 506 OF IPC AND SEC. 3 AND 4 OF D.P. ACT, NOW WHICH IS PENDING ON THE FILE OF THE 9TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.

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NC: 2023:KHC:40420 CRL.P No. 11122 of 2023

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused in Crime No.353/2023, registered by

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Jnanabharathi Police Station, Bengaluru District, for the offences punishable under Sections 506, 498-A, 504, 324 of IPC and Sections 3 and 4 of Dowry Prohibition Act, is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.

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Heard the learned counsel for the parties.

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On the basis of the complaint dated 06.10.2023

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lodged by Smt. Kavitha, wife of the petitioner herein, FIR in Cr.No.353/2023 was registered by Jnanabharathi police station for the offences punishable under Sections 506, 498-A, 504 and 324 of IPC and Sections 3 and 4 of Dowry Prohibition Act. In

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the complaint, it is averred that the marriage of the complainant with the petitioner was solemnized on 04.05.2012 and at the time of the marriage, as per the demand made by the petitioner and his family members, dowry was paid. After the marriage, the petitioner was not properly taking care of the complainant. The child born to the couple is a special child. Therefore, the petitioner was not happy with the complainant

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NC: 2023:KHC:40420 CRL.P No. 11122 of 2023

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and he was ill treating and torturing the complainant. In the year 2017, the complainant allegedly had given birth to second child and even thereafter, the petitioner continued to ill treat the petitioner. On 28.09.2023 at about 9.30 p.m., the petitioner allegedly assault the complainant with machete on her head and caused injuries and also criminally intimidated her. For the injury sustained in the said incident, the complainant had taken treatment in a private hospital and thereafter, she has lodged a complaint before the police. Apprehending arrest in the said case, the petitioner has field a Crl. Mis. No.9936/2023 before the XLV Addl. City Civil and Sessions Judge, Bengaluru which was rejected on 18.10.2023. Therefore, the petitioner is before this Court.

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Learned counsel for the petitioner has reiterated the grounds urged in the petition and has contended that there is an inordinate delay in lodging the complaint.

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5. Per contra, the learned HCGP has opposed the bail application and has prayed to dismiss the petition.

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From the perusal of the complaint averments, it is seen that the marriage of the petitioner with the complainant was solemnized on 04.05.2012 and from the said wedlock, they

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NC: 2023:KHC:40420 CRL.P No. 11122 of 2023

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had given birth to two children. As per the complaint averments, on 28.09.2023 at about 9.30 p.m., the petitioner with an intention to commit the murder of the complainant had assaulted her with machete and caused blood oozing injury. For the injury sustained in the said incident, the complainant allegedly had taken treatment in a private hospital. However, the complaint in respect of the incident which had taken place on 28.09.2023, has been belatedly lodged on 06.10.2023. The delay has not been properly explained and the offences alleged against the petitioner are triable before the Magistrate Court. The petitioner has no criminal antecedents. Under these circumstances, I am of the view that the petitioner has made out a prima facie case for grant of anticipatory bail. Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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The petitioner shall be released in the event of his arrest in Crime No.353/2023 registered by Jnanabharathi Police Station, Bengaluru District, for the offence punishable under Sections 506, 498-A, 504, 324 of IPC and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions:

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NC: 2023:KHC:40420 CRL.P No. 11122 of 2023

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Petitioner shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a personal bond in a sum of Rs.50,000/- [Rupees fifty thousand only] with a likesum surety.

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(2) He shall cooperate with the investigation and shall not tamper with the prosecution witnesses in any manner.

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(3) He shall furnish his residential address/contact number and shall inform the Investigating Officer/Court regarding change in the address/contact number, if any.

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(4) He shall be regular in attending the Court proceedings.

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Sd/JUDGE

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Dr. Shivakumara N v. Vs the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dr. Shivakumara N v. Vs the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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