Karnataka High Court
K V Narayana Reddy vs State Of Karnataka on 13 June, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.4705/2022
BETWEEN:
1. K.V.NARAYANA REDDY
S/O. LATE VEERAPPA REDDY
AGED ABOUT 68 YEARS
NO.227/A, 13TH MAIN
LANE VIEW RESIDENCY
HARALURU POST
BENGALURU-560 102.
2. SMT. LAKSHMIDEVAMMA
W/O. K.V. NARAYANA REDDY,
AGED ABOUT 62 YEARS
NO.227/A, 13TH MAIN
LANE VIEW RESIDENCY
HARALURU POST
BENGALURU-560 102.
3. DR. VINOD KUMAR N.
S/O K.V. NARAYANA REDDY,
AGED ABOUT 35 YEARS
NO.227/A, 13TH MAIN
LANE VIEW RESIDENCY
HARALURU POST
BENGALURU-560 102. ... PETITIONERS
(BY SRI M.J.ALVA, ADVOCATE )
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AND:
STATE OF KARNATAKA
REP. BY INSPECTOR OF POLICE
BELLANDUR POLICE STATION,
BENGALURU-560 103
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA BUILDING
BENGALURU-560 001. ... RESPONDENT
(BY SRI H.S.SHANKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN
THE EVENT OF THEIR ARREST IN CR.NO.88/2022 OF
BELLANDURU P.S., BENGALURU CITY FOR THE OFFENCES P/U/S
498A, 406 R/W 34 OF IPC AND SECTIONS 3, 4 OF D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners/accused Nos.1 to 3 on bail, in the event of their arrest in respect of Crime No.88/2022 registered by Bellanduru Police Station, Bengaluru City, for the offences punishable under Sections 498A, 406 read with 34 of IPC and Sections 3 and 4 of the D.P.Act.
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2. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that the marriage of the complainant was solemnized on 03.03.2021 and thereafter, subjected the complainant for dowry harassment and also cheated her alleging that even though the petitioner No.3 is not a MBBS Graduate, persuaded to perform marriage that he is a Doctor. Hence, based on the complaint, the police have invoked the offence punishable under Sections 498A and 406 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
4. Learned counsel for the petitioners would submit that the petitioner No.3 obtained the degree in the year 2016 and marriage was solemnized in the year 2021 and he has not subjected for any harassment. The learned counsel would submit that the complainant herself, as per the averment left the house on 26.03.2022 and the counsel would submit that M.C. petition was filed on 07.04.2022 and the present complaint is 4 filed on 22.04.2022 making allegation of cheating as well as harassment and the same is given after thought and the offences invoked are not punishable with death or imprisonment for life and the maximum punishment is 3 years for both the offences. Hence, the petitioners may be enlarged on bail.
5. Per contra, the learned High Court Government Pleader for the respondent-State has also produced documents with regard to the agreement dated 12.09.2016 with regard to earlier proposal for marriage, wherein the petitioners have not admitted that the petitioner No.3 is not a MBBS Graduate and produced copies of Choultry booking receipt, complaint, whatsapp communication, internship certificate, petition in M.C.No.2262/2022, RTI application submitted to the KVG Medical College and copy of the order passed in Criminal Miscellaneous Petition No.4421./2022. He would also submit that specific allegation is made subjecting the complainant for mental and physical harassment and also dowry harassment and because of the attitude and fraud of the petitioners herein, the 5 marriage proposed earlier was also cancelled and hence, there are sufficient material against the petitioners herein.
6. Having heard the respective counsel and also on perusal of the material on record, it is not in dispute that the marriage was performed on 03.03.2021 and according to the complainant and also the petitioner, they lived together till 26.03.2022 and M.C. petition was also filed on 07.04.2022 and the same is also produced before this Court by the learned High Court Government Pleader through the assisting advocate appearing for the complainant. When there is a petition pending before the Court in M.C.No.2262/2022 and also taking note of the gravity of the offence, accusations and also considering the offence, it is a fit case to exercise the powers under Section 438 of Cr.P.C. in favour of the petitioners, subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-
ORDER The petition is allowed. Consequently, the petitioners- accused Nos.1 to 3 shall be released on bail, in the event of their 6 arrest in connection with Crime No.88/2022 registered by Bellanduru Police Station, Bengaluru City, for the offences punishable under Sections 498A, 406 read with 34 of IPC and Sections 3 and 4 of the D.P.Act, subject to the following conditions:-
(i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the like-
sum to the satisfaction of the concerned Investigating Officer.
(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioners shall co-operate with the
Investigating Officer to complete the
investigation and they shall appear before the Investigating Officer, as and when called for.
(iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior 7 permission till the charge sheet is filed or for a period of three months, whichever is earlier.
(v) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE ST