Sri Bhanugowda vs The State By on 30 November, 2021

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Karnataka High Court

Sri Bhanugowda vs The State By on 30 November, 2021

Bench: K. Natarajan

                          1


   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 30TH DAY OF NOVEMBER, 2021

                        BEFORE

         THE HON'BLE MR. JUSTICE K. NATARAJAN

          CRIMINAL PETITION No.8037/2021

BETWEEN:

SRI.BHANUGOWDA,
S/O SRI.NAGARAJU,
AGED ABOUT 31 YEARS,
R/AT NO.18,
KOOTAMARANAHALLI VILLAGE,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT - 562 108.
                                         ...PETITIONER
(BY SRI.DILEEP N., ADVOCATE)

AND:

THE STATE BY
RAMANAGARA WOMEN POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DR.B.R.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
                                        ...RESPONDENT
(BY SRI.KRISHNA KUMAR K.K., 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 CR.NO.77/2021
REGISTERED BY RAMANAGARA WOMEN POLICE STATION,
RAMANAGRA FOR THE OFFENCE P/U/S 307, 323, 498(A),
                              2


354(C), 504, 506 OF IPC AND SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT.

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

                        ORDER

This petition is filed by petitioner/accused under Section 438 of Cr.P.C. for granting anticipatory bail in Crime No.77/2021 registered by Ramanagara Women Police, Ramanagara for the offences punishable under Sections 307, 323, 498A, 354C, 504, 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

3. The case of the prosecution is that one Saritha, the wife of the petitioner, has filed a complaint on 28.07.2021 before the police alleging that she 3 married the petitioner on 12.02.2017. At the time of marriage, her parents gave gold armaments and also spent on marriage expenses, along with a sum of Rs. 1 lakh given to the petitioner as dowry. Subsequently, she also delivered a child on 24.02.2018. The accused did not come to see the child. Later, he demanded more dowry, and her mother also took chit fund and gave a sum of Rs. 1 lakh for purchasing the car and also paid a sum of Rs. 50,000/- by borrowing a loan. In spite of that, the accused used to harass her by looking at porn videos and making video calls to other ladies. When she asked, he threatened to murder her. On 22.07.2021, he came to murder her by squeezing her neck. He is also said to have taken nude photographs of the complainant and threatened her that he would web host the same on social media, if she did not commit suicide. Accordingly, she lodged the complaint. Based upon the complaint, the police registered the case. After registering the case, 4 the police making a hectic effort to arrest the petitioner. Hence, he approached the Sessions Court for a grant of bail, which came to be rejected. Therefore, he is before this Court.

4. Upon hearing the arguments of learned counsel for the petitioner and the learned HCGP for the respondent-State, and on perusal of the records and by looking into the facts and circumstances of the case the allegations against the petitioner are very serious one. The defacto complainant appeared before the Court and submitted that the petitioner-accused undertake to live with her amicably without causing any disturbance. Therefore, she also prayed for the granting of anticipatory bail.

5. The submission of the learned counsel for the petitioner and the de-facto complainant is placed on record.

6. By looking into the facts and circumstances of the case and the undertakings given by the learned counsel for the petitioner and the de-facto complainant, and looking at the future of the complainant, it is a fit case to grant bail to the petitioner by imposing stringent conditions. Hence, I pass the following:

ORDER The criminal petition is allowed.

The respondent-police is directed to release petitioner/accused on bail in the event of their arrest in Crime No.77/2021 registered by Ramanagara Women Police, Ramanagara for the offences punishable under Sections 307, 323, 498A, 354C, 504, 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions:-

i) The petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two surety for likesum to the satisfaction of the Investigating Officer;

ii) The petitioner shall not tamper the prosecution witnesses directly or indirectly;

iii) The petitioner shall not indulge in similar offences;

iv) The Petitioner shall voluntarily surrender before the Investigating Officer within 15 days from the date of receipt of certified copy of this order;

v) The Petitioner shall be deemed to be in custody for the purpose of recovery under Section 27 of the Indian Evidence Act.

vi) The Petitioner shall appear before the Investigating Officer once in a week and mark his attendance on every Monday between 10.00 a.m. and 4.00 p.m for a period of three months, or till filing of the charge sheet whichever is earlier.

If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.

Sd/-

JUDGE KTY

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Karnataka High Court