Karnataka High Court
Kariyappa S/O Ningappa Karnal vs The State Of Karnataka on 13 December, 2023
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CRL.P No. 103075 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 103075 OF 2023
BETWEEN:
KARIYAPPA S/O NINGAPPA KARNAL
AGE: 66 YEARS,
OCC: RETD. ASSST. COMMISSIONER OF COMMERCIAL TAX,
R/O: HOUSE NO. 59, 2ND CROSS,
VISHVESHWAR NAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD-580009.
...PETITIONER
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH HUBBALLI WOMEN POLICE STATION,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BENCH,
AT DHARWAD-580011.
...RESPONDENT
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)
Digitally
signed by
VN
VN
BADIGER THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C.
BADIGER Date:
2023.12.18
15:00:32
+0530 SEEKING TO ALLOW THE PETITION AND THE PETITIONER BE
GRANTED ANTICIPATORY BAIL IN CONNECTION WITH HUBBALLI
DHARWAD CITY WOMEN P.S. FIR CRIME NO. 87/2023 DATED
22.10.2023 FOR THE OFFENCES U/SEC. 498-A, 504, 506, 354
R/W 34 OF IPC AND U/SEC. 3 AND 4 OF DOWRY PROHIBITION
ACT, 1961 RESPECT TO THE PETITIONER/ ACCUSED NO.2.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 103075 of 2023
ORDER
Heard Shri. Jagadish Patil, learned counsel for the petitioner and Shri. Praveena Y. Devareddiyavara, learned High Court Government Pleader for the respondent-State.
2. The petitioner herein is accused No.2 in Crime No.87/2023 of Hubballi-Dharwad City Women Police Station for the offences punishable under Sections 498-A, 504, 506, 354 R/w 34 of Indian Penal Code (for short "IPC") and Sections 3 and 4 of Dowry Prohibition Act, 1961.
3. Brief facts of the case:
The complainant Smt. Bharati married, the son of the petitioner namely Manohar on 07.02.2022 as per the Hindu rights and customs. The husband of the complainant is working at Germany as an Engineer. After marriage the husband of the complainant went to Germany and thereafter, she was staying at her in-laws house. It is stated in the complaint that after her husband went to -3- NC: 2023:KHC-D:14630 CRL.P No. 103075 of 2023 Germany, the petitioner was torturing the complainant in one or the other pretext and passing the obscene comments to the complainant and also sent several messages requesting sexual favour from the complainant. When the complainant objected the messages which are being sent by the petitioner, the petitioner tried to assault the complainant. As the complainant was not able to adjust with the petitioner, she has informed the incident to her parents and left the house and started residing with her parents. After she came to parent's house, on 22.10.2023 she has filed this complaint against petitioner and others for the offences stated supra. The investigation is under progress. The petitioner is seeking anticipatory bail for the above said offences.
4. It is the submission of the learned counsel for the petitioner that the petitioner is falsely implicated in this case. He is innocent of the alleged offence. In fact after the marriage, the petitioner herein intended to send the complainant with his son to Germany and he wanted -4- NC: 2023:KHC-D:14630 CRL.P No. 103075 of 2023 both his son and the complainant to be live happily at Germany. However, the complainant was not showing any interest to go to Germany and by one or the other pretext she was avoiding and making several allegations which are baseless and bald and trying to get away from the house.
5. It is further submitted that, the petitioner is aged about 66 years and he was retired Assistant Commissioner of Commercial Tax and he is permanent resident of Hubballi and he is suffering from old age ailments and further submitted that the alleged offences are neither punishable with death nor imprisonment for life. The petitioner will abide the conditions imposed by this Court in the event of his release on bail. Making such submission the learned counsel for the petitioner prays to allow the petition.
6. Per contra, Shri. Praveena Y. Devareddiyavara, learned High Court Government Pleader, vehemently opposed the bail petition and submitted that the complainant has suffered a lot at the hands of the -5- NC: 2023:KHC-D:14630 CRL.P No. 103075 of 2023 petitioner after her husband went to Germany. The petitioner has sent several messages to the complainant and harassing her in one or the other pretext and tried to have sexual favour from the complainant.
7. It is further submitted that, the messages which the petitioner have been sent is given to the respondent- police. The respondent-police conducting investigation. At this stage if the petitioner is enlarged on bail there may be chances of tampering the prosecution witnesses. Therefore, he is not entitled for bail. Making such submission, the learned HCGP prays to dismiss the petition.
8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it is an admitted fact that the petitioner is the father-in-law of the complainant. Accused Nos.1 and 3 are the husband and mother-in-law of the complainant. Accused No.1 is working as an Engineer at Germany. -6-
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9. On careful reading of the complaint, it appears that the accused No.1 has insisted the complainant to accompany him to the Germany. However, the complainant has not shown any interest to go to Germany. The accused No.1, on 02.10.2023 at about 1.00 p.m., has instructed the complainant to accompany him to go to Germany. However, she has refused and quarreled with accused No.1 and his family members. Thereafter she went to her parent's house.
10. On 18.10.2023 a notice is sent by the accused No.1 to the complainant asking her for Restitution of Conjugal Rights. However, instead of replying the said notice, the complainant has filed a complaint against accused Nos.1, 2 and 3 especially making allegations against the accused No.2 which appears to be baseless and not acceptable. Lodging a complaint after receiving the legal notice from the husband, certainly, it looses its significance. Therefore, it is appropriate to grant relief as prayed for in this petition.
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11. Hence, I proceed to pass the following:
ORDER The petition is allowed.
The petitioners are ordered to be enlarged on bail in Crime No.87/2023 of Hubballi-Dharwad City Women Police Station, in the event of is arrest, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) each with one surety for the likesum to the satisfaction of the jurisdictional police and also the Trial Court, subject to the following conditions:-
a) The petitioner shall appear before the jurisdictional police station within one month from today.
b) The petitioner shall cooperate with the investigation.
c) The petitioner shall not tamper the prosecution witnesses nor hamper the proceedings of the Court.-8-
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d) The petitioner shall appear before the Trial Court on all dates of hearing without fail.
e) The petitioner is refraining from sending any messages to the complainant henceforth. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.
Sd/-
JUDGE RKM List No.: 1 Sl No.: 12