IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 29 th DAY OF JUNE, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.6039/2022
Petitioners
1. Gopal Varma,
Aged about 30 years,
S/o Narayan Prasad,
R/at Flat No.004, SS
Srestha Apartment,
152, Sai Baba Temple
Road, Manjunath
Layout, Munnekolala,
Bengaluru.
2. Narayana Varma,
S/o Late.Chottan
Prasad,
Aged about 51 years
3. Gautam Verma,
Aged about 25 years,
S/o Narayan Prasad,
4. Komal Verma,
Aged about 26 years,
S/o Narayan Prasad
5. Gautam Verma,
Aged about 1725 years,
S/o Narayan Prasad
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Crl.Misc.No.6039/2022
Petitioners No.2 to 5 are
R/at No.166, Ward
No.06, Karnachouk,
Rawan, Baloda Bazaar,
Chattisgarh.
(By Sri.Siddartha, Adv.)
AND
Respondent State of Karnataka
Marathahalli P S,
Bangalore.
(By the learned Public
Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S.438
OF Cr.P.C.
This bail application is filed by the petitioners
under Section 438 of Cr.P.C. praying to grant an order
of anticipatory bail in the event of their arrest in
Crime No.121/2022 for the offences punishable U/s.
498A, 341, 504, 506 r/w 34 of IPC.
2. The facts are as under:
The complainant is the legally wedded wife of
petitioner No.1. Their marriage was solemnized on
16.02.2022. At the time of marriage, petitioners
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Crl.Misc.No.6039/2022
received cash of Rs.20,00,000/-, Rs.5,00,000/- as
Stridhan and gold ornaments worth Rs.5,00,000/-.
Thereafter,
the
petitioners
started
demanding
Rs.30,00,000/- and a car as additional dowry.
The
petitioners
the
with
common
complainant with cruelty.
intention
treated
On 12.06.2022 between
11.00p.m and 12.00 in the midnight, the petitioners
started quarrel with the complainant, demanded to
bring Rs.30,00,000/- and Car as additional dowry.
They abused complainant in filthy language and
threatened with dire consequences.
3. Grounds for bail:
1. The petitioners are innocents.
2. The complainant’s attitude was strange
after the marriage.
3. The complainant is having extra marital
relationship.
4. The petitioners are ready to abide by the
conditions to be imposed by the court.
With these contentions, they have requested to
allow the application.
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Crl.Misc.No.6039/2022
4. The learned Public Prosecutor has filed the
objections and re-iterated the complaint averments.
There are prima facie materials against the petitioners
to reject the bail. If the bail application is allowed, the
petitioners may put threat to the complainant and her
parents.
Hence,
prayed
for
dismissal
of
the
application.
5. Heard.
6. Now the points that arise for my consideration
are:
1. Whether the petitioners have made
out sufficient grounds to grant
anticipatory bail ?
2. What order?
7.
My
findings
on
the
above
points
are
hereunder:
Point No.1:
Point No.2:
In the affirmative
As per final order,
for the following:
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Crl.Misc.No.6039/2022
REA S ON S
8. Point No.1: It appears that the relationship
between complainant and petitioner No.1 is not
cordial. The alleged dispute is matrimonial in nature.
It is the contention of the complainant that, the
petitioners with common object, treated her with
cruelty, abused in filthy language and put life threat.
9. It appears that I.O. has commenced the
investigation,
conducted
mahazar,
recorded
the
statement of witnesses and completed the major part
of the investigation. The involvement of petitioners is
yet to be proved. The alleged offences are not
punishable with death or imprisonment for life. They
are to be tried before learned Magistrate. Hence, there
is absolutely no reason to deny benefit of anticipatory
bail to the petitioners at this stage. Consequently, the
point No.1 is answered in the affirmative.
10. Point No.2: From the discussion made
herein above, it is clear that this petition deserves to
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Crl.Misc.No.6039/2022
be allowed. In the result, therefore, I proceed to pass
the following:
O RDE R
This bail application filed by the
petitioners under Section 438 of Cr.P.C. is
hereby allowed.
The respondent police is hereby directed
to release the petitioners in the event of their
arrest in Crime No.121/2022 for the offences
punishable U/s. 498A, 341, 504, 506 r/w 34
of IPC, subject to the following conditions:
1. The petitioners shall execute personal
bond for Rs.50,000/- each with like
sum surety.
2. The petitioners shall not threaten the
complainant and other witnesses.
(Typed to my dictation by the Stenographer directly on the computer,
corrected by me and then pronounced in open Court on this the 29th day
of June, 2022)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.