Karnataka High Court
K M Mohan vs The State Of Karnataka on 25 July, 2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25th DAY OF JULY, 2018
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.5088 OF 2018
BETWEEN
K.M.Mohan
S/o. Muthappa,
Aged about 36 years,
R/at, Nagegowda Badavane
Kushalnagar
Somwarpete Taluk
Kodagu District-571232.
...Petitioner
(By Sri. K.C.Pratheep, Advocate)
AND
The State of Karnataka
Represented by
Kushalnagar Town Police Station,
Kodagu District
Represented by its
State Public Prosecutor
High Court of Karnataka
Bengaluru-560 001
...Respondent
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.57/2017 of Kushal Nagar
Police Station, Kodagu District for the offence punishable
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under Sections 498A, 34 of IPC and Sections 4,3 of
D.P.Act.
This Criminal Petition coming on for orders this day,
the court made the following:
ORDER
This petition is under Section 438 Cr.P.C. The petitioner is accused No.1 and wife of the complainant. Initially the police registered a case in Cr.No.57/2017 for the offences punishable under Section 498A, 315 IPC and Section 3 and 4 of Dowry Prohibition Act.
2. Heard the petitioner's counsel and the High Court Government Pleader.
3. Investigation is completed and charge sheet is filed. The charge sheet shows that the marriage of the complainant with the petitioner took place on 10.05.2015 and they led a cordial life for a few months. Thereafter, the petitioner started demanding his wife to bring money of Rs.5,00,000/- from her parents house and in that connection she used to be harassed. It is also stated that 3 the complainant was subjected to harassment and ill- treatment because she was not good looking.
4. The petitioner moved this court seeking anticipatory bail by filing Criminal petition 6324/17. Finding that the petitioner had made an attempt to terminate the pregnancy of his wife forcibly, anticipatory bail appears to have been rejected. When the police filed charge sheet, they dropped the offence punishable under Section 315 IPC and the charge sheet is only for the offence punishable under Section 498A and Section 3 and 4 of Dowry Prohibition Act. The allegations made against the petitioner are required to be proved before the court. The other accused of this case have already been enlarged on anticipatory bail. Therefore parity can be extended to this petitioner also. Hence the following order:
i. Petition is allowed. ii. In the event of petitioner being arrested by
the respondent/police, in connection with Crime No.57/2017 registered by Kushal 4 Nagar Police Station, Kodagu District he shall be released on bail, by obtaining from them a bond for Rs.1,00,000/- (Rupees One Lakh only) and two sureties for the likesum to the satisfaction of the Investigation Officer.
iii. The petitioner shall co-operate with the investigating officer.
iv. The petitioners shall appear before the investigation officer as and when their presence is necessary for the purpose of investigation.
v. They shall not threaten the witnesses and destroy the evidence in whatsoever manner.
Sd/-
JUDGE sd