Karnataka High Court
Kanhaiya S/O Raj Kumar Agarwal vs State Of Karnataka on 18 April, 2023
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CRL.P No. 100701 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 100701 OF 2023 (438)
BETWEEN:
1. KANHAIYA S/O RAJ KUMAR AGARWAL,
AGE: 39 YEARS,
OCC: SOFTWARE ENGINEER,
R/O. C/O: SONAL AGARWAL,
NISARG DEEP-2,
FLAT NO. ST-01,
A-WING, KASPATA WEST,
NEAR KESAR BUILDING, WAKAD,
PUNE CITY, PUNE,
MAHARASHTRA STATE- 411 002.
2. SMT. REENA AGARWAL
W/O RAJKUMAR AGARWAL,
Digitally signed by
AGE: 60 YEARS,
CHANDRASHEKAR
LAXMAN
KATTIMANI
OCC: HOUSEWIFE.
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
3. RAJKUMAR AGARWAL
S/O LATE NANAKARAM,
AGE: 65 YEARS, OCC: NIL,
BOTH ARE R/O: DURGA SADAN,
GANESH NAGAR,
REVENUE COLONY,
GANDIA, GONDIA DISTRICT,
MAHARASHTRA STATE-411 002.
4. SONAL AGARWAL
D/O RAJKUMAR AGARWAL,
AGE: 41 YEARS,
OCC: SOFTWARE ENGINEER,
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CRL.P No. 100701 of 2023
R/O. C/O: SONAL AGARWAL,
NISARG DEEP-2, FLAT NO. ST-01,
A-WING, KASPATA WEST,
NEAR KESAR BUILDING, WAKAD,
PUNE CITY, PUNE,
MAHARASHTRA STATE-411 002.
...PETITIONERS
(BY SMT. JOSHNA P. DHANAVE, ADVOCATE FOR
SRI M. V. HIREMATH, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
THROUGH STATION HOUSE OFFICER,
WOMEN POLICE STATION,
BALLARI 583 119.
...RESPONDENT
(BY SMT.GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF
CR.P.C. SEEKING TO PAS AN ORDER DIRECTING TO ENLARGE
THE PETITIONERS/ ACCUSED NO.1 TO 4 ON BAIL IN BALLARI
WOMEN POLICE STATION IN CR.NO.24/2023 FOR THE
ALLEGED OFFENCE P/U/SEC. 498A, 323, 504, 506 R/W SEC. 34
OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT, 1961
AND GRANT ANTICIPATORY BAIL, IN CASE OF THEIR ARREST.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 100701 of 2023
ORDER
The petitioners who are arraigned as accused Nos.1 to 4 are seeking anticipatory bail in Crime No.24/2023 of the Women Police Station, Ballari for the offences punishable under Sections 498-A, 323, 504, 506 R/w Section 34 of Indian Penal Code (for short, 'IPC') and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Petitioners have contended that they are innocent and have been falsely implicated. They have not committed the alleged offences. The alleged incidents took place from 2017 to 28.12.2022. However, the complaint is filed on 02.02.2023. There are no specific allegations against the petitioners. The allegations made in the complaint are such that custodial presence of the petitioners is not required. As per the complaint averments, complainant has left the matrimonial home on 11.12.2020. After lapse of two years two months, she has chosen to file a complaint that, too after petitioner No.1 -4- CRL.P No. 100701 of 2023 filed petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights against the complainant. No incidents as alleged by the complainant has taken place. As a counter blast to the matrimonial case filed by the petitioner No.1, she has chosen to file this complaint. Petitioners are ready to abide by any conditions that may be imposed and prays to allow the petition.
3. On the other hand learned High Court Government Pleader submitted oral objections to the effect that the marriage of complainant and petitioner No.1 was performed during 2016. At the time of marriage, dowry in the form of cash in a sum of Rs.5,50,000/-, gold ornaments were paid and marriage was performed at the expenses of the complainant's parents. However, the complainant made to work in the house as a servant. She was abused and assaulted by the petitioners. Though she brought this fact to the notice of her parents, they advised her to be patient and go on with her family life. After she -5- CRL.P No. 100701 of 2023 became pregnant, also the petitioners did not support her. On the other hand they troubled her to get dowry in a sum of Rs.4,00,000/-. They have taken away Rs.12,00,000/- which she had earning working in Amazon company. From 09.12.2020, all the petitioners harassed and ill-treated her without providing food to the complainant and her son. Ultimately, on 11.12.2020, complainant's brother-Akshat Chirani came and took her to parental home. On 26.06.2021 at the time of panchayat, the petitioners quarreled with her parents and others. On 28.12.2022 also petitioner No.1 came to her parental home and quarreled with her.
4. Ultimately, she has filed complaint on 02.02.2023. Based on the complaint, investigation has taken up. All petitioners are residents of Pune and as such this likelihood not co-operated with the investigation and also protracting the proceedings. The custodial presence of the petitioners is required for investigation and prays to dismiss the petition.
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5. Heard the arguments and perused the records.
6. From the complaint averments it is evident that petitioner Nos.1, 4 as well as complainant are Software Engineers. Petitioner No.4 is married sister of petitioner No.1 and the daughter of the other two petitioners. The marriage of petitioner No.1 and complainant was performed during the year 2016. In the complaint, petitioner has described several incidents wherein she was ill-treated, abused and assaulted by the petitioners. According to the complaint, she left the matrimonial home on 11.12.2020.
7. Though according to the complainant consistently within a period of six months, the petitioners started harassing and ill-treating her and ultimately, she left the matrimonial home on 11.12.2023. She has chosen to file complaint on 02.02.2023, after petitioner No.1 filed matrimonial case under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. Having -7- CRL.P No. 100701 of 2023 regard to the nature of the allegations made and also in the light of inordinate delay in filing the complaint, this Court is of the considered opinion that the custodial presence of the petitioners is not required for investigation. The apprehension of the prosecution is that the petitioner may threaten or tamper with the investigation and witnesses may be overcome by imposing stringent conditions and accordingly, I proceed to pass the following:
ORDER Petition is allowed. Petitioner/accused Nos.1 to 4 shall be released on bail, in the event of their arrest in Crime No.24/2023 of Ballari Women Police Station, registered for the offences punishable under Sections 498(A), 323, 504 and 506 R/w Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 subject to following:-8-
CRL.P No. 100701 of 2023
CONDITIONS
a) Petitioners shall execute a personal bond in a sum of Rs.50,000/- each with two sureties for the like-sum.
b) Petitioners shall appear before the Investigating Officer within a period of 15 days and execute the bail bond and offer surety.
c) Petitioners shall make themselves available for the purpose of investigation as and when required and they shall co-operate with the investigation.
d) Petitioners shall furnish their residential address proof and shall inform the Investigating Officer/Court, if there is any change in the address.-9-
CRL.P No. 100701 of 2023
e) Petitioners shall not tamper with the prosecution witnesses either directly or indirectly.
f) Petitioners shall not indulge in any criminal activities.
g) Petitioners shall be regular in attending the Court proceedings.
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JUDGE SSP List No.: 1 Sl No.: 17