Karnataka High Court
Mounnesh S/O Shivappa vs The State Of Karnataka on 25 September, 2018
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF SEPTEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.200960/2018
Between:
Mounesh S/o Shivappa,
Age: 22 years, Occ: Agriculture,
R/o Nagarbanda village,
Tq: and Dist: Yadgiri-585201.
... Petitioner
(By Sri, Gopalkrishna B. Yadav, Advocate)
And:
The State of Karnataka
Through S.H.O., Saidapur Police Station Yadgiri,
Represented by Additional S.P.P.
Hon'ble High Court of Karnataka
Bench at Kalaburagi-585103.
... Respondent
(By Sri, P.S.Patil, HCGP)
This Criminal Petition is filed under Section 438 of
Criminal Procedure Code, praying to allow the anticipatory
bail petition and direct the police to release the petitioner
on bail in the event of his arrest in Crime No.161/2018
pending on the file of the learned Civil Judge and JMFC
(Sr.Dn.) Court Yadgiri, registered by Saidapur P.S. for the
alleged offence punishable under Sections 3, 4 of Dowry
Prohibition Act and Section 313, 498(A), 323, 342, 34 of
IPC, in the interest of justice.
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This petition coming on for Orders this day, the
Court made the following:
ORDER
The accused-petitioner has filed this petition under Section 438 of Cr.PC seeking anticipatory bail in Crime No.161/2018 of Saidapur Police Station registered under Sections 313, 498-A, 323, 342 R/w Section 34 of IPC and under Sections 3 and 4 of D.P.Act, 1961.
2. The complainant Renuka is the wife of the petitioner. It is alleged in the first information report that the complainant had married the petitioner on 31.05.2017 and at the time of marriage 4 tolas gold and Rs.50,000/- in cash was given and also a Honda Shine motor cycle was given and out of the wedlock, the complainant became pregnant. The petitioner, under the influence of alcohol, was harassing the complainant to bring more gold and money. When the complainant told him that her parents are poor and that they cannot arrange the same as they have already met his demands, at that time, he assaulted 3 on her stomach and caused miscarriage. It is further alleged in the complaint that her parents-in-law were ill-treating the complainant and they had confined her to the house and her husband entered second marriage with one Renuka about 15 days prior to the lodging of the complainant and thereafter the complainant was driven out from the house.
3. The learned counsel appearing for the petitioner would submit that the entire allegations are false and that there is absolutely no material to show that the petitioner had caused miscarriage and the complainant herself has stated that the said incident took place 15 days prior to date of lodging of the complaint. He submits that the offences alleged are not exclusively punishable with the death or imprisonment for life and seeks to allow the petition.
4. The learned High Court Government Pleader opposed the bail petition contending that the investigation 4 is under progress and if the petitioner is enlarged on bail then he may tamper with the prosecution witnesses.
5. Perusal of the complainant discloses that the allegations of causing miscarriage was about 15 days prior to the date of lodging of the complaint. At this stage, there is nothing to show that the miscarriage occurred as alleged by the complainant. According to the complaint, the petitioner took a second wife by name Renuka and it seems that the complaint came to be lodged on such an apprehension. The allegations made in the complaint shall have to be investigated into and appropriate report has to be filed. Considering that the offences alleged are not exclusively punishable with the death or imprisonment for life and considering the facts and circumstances of the case, I am of the view that the petitioner may be enlarged on anticipatory bail by imposing necessary conditions. Hence, I pass the following..
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ORDER The petition is allowed.
In the event of arrest of the petitioner in Crime No.161/2018 of Saidapur Police Station, registered for the offences punishable under Sections 313, 498-A, 323, 342 R/w Section 34 of IPC and under Sections 3 and 4 of D.P.Act, the petitioner shall be enlarged on bail on the following conditions.
1. The petitioner shall appear before the investigating officer of the case within a period of 10 days from the date of receipt of the copy of this order and execute a personal bond for a sum of Rs.50,000/- with one solvent surety to the liksum.
2. The petitioner shall mark his attendance in the Police Station on every Sunday between 10.30 a.m. and 4.30 PM till the filing of charge sheet.
3. The petitioner shall cooperate with the investigation.
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4. The petitioner shall not directly or indirectly on tamper with the prosecution witnesses in any manner and he shall be regular in attending the Court proceedings.
Sd/-
JUDGE SMP