Husband sought anticipatory bail in a dowry and cruelty case registered on his wife's complaint. Noting his lack of criminal antecedents and that he had earlier filed a restitution of conjugal rights petition, the court granted anticipatory bail with conditions including bond, sureties and cooperation with investigation.
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NC: 2024:KHC:47783 CRL.P No. 10850 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 10850 OF 2024
BETWEEN:
…PETITIONER
(BY SRI. SHIVADAM A. BHAT, ADVOCATE FOR SRI. DEVI PRASAD SHETTY, ADVOCATE)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
TQ: KADUR DIST: CHIKKAMAGALURU-577 548 REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BENGALURU-560 001.
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 - DELETED V/O DATED 23.11.2024)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THE PETITION AND DIRECTIONS BE ISSUED TO THE RESPONDENT KADUR POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.122/2024 OF KADUR POLICE STATION, KADUR DISTRICT CHICKMAGALURU FOR THE OFFENCE P/U/S 498A, 504, 506, 109 R/W 3 AND 4 OF D.P ACT AND UNDER SEC.67 OF I.T ACT 2000 PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT KADUR DISTRICT CHICKMAGALUR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in Crime No.122/2024 registered by
Kadur Police Station, Chikkamagaluru, for the offences punishable under Sections 498A, 504, 506, 109 r/w 34 of IPC, Sections 3 & 4 of Dowry Prohibition Act, 1961 and Section 67 of Information Technology Act, 2000, is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.
petitioner herein and others for the aforesaid offences, on the basis of first information dated 08.05.2024 received from Smt. Preeti, who is the wife of the petitioner herein. Apprehending arrest in the said case, the petitioner herein had filed Crl.Misc.No.319/2024 before the jurisdictional Sessions Court which was rejected as against petitioner herein on 10.06.2024. Therefore, he is before this Court.
bail petition, prays to dismiss the petition.
was solemnized on 07.07.2021. In the first information it is alleged that after marriage the petitioner was ill-treating his wife and also was demanding additional dowry from her. From the wedlock the couple have a girl child. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of 3 years.
NC: 2024:KHC:47783 CRL.P No. 10850 of 2024
view that, petitioner has made out a case for grant of anticipatory bail.
ORDER
The Criminal Petition is allowed.
The Respondent - Police or any other police in the
State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.122/2024 registered by Kadur Police Station, Chikkamagaluru, for the offences punishable under Sections 498A, 504, 506, 109 r/w 34 of IPC, Sections 3 & 4 of Dowry Prohibition Act, 1961 and Section 67 of Information Technology Act, 2000, subject to the following conditions:
a. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
NC: 2024:KHC:47783 CRL.P No. 10850 of 2024
c. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
ASN List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the accused in Crime No.122/2024 under IPC 498A/504/506/109 r/w 34, Sections 3 & 4 DP Act and Section 67 IT Act deserves anticipatory bail.
5 provisions across 5 enactments
Mallikarjun S/O Subhash Hugar
State of Karnataka through Kadur Police Station
Preeti
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
