KABC010088972024
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 6TH DAY OF APRIL, 2024
PRESENT:
Sri. Manjunatha, B.A., LL.B.,
XLV Addl. City Civil & Sessions Judge, Bengaluru.
CRL.MISC. No.3155/2024
Petitioners
1.H.S. Sagar Kumar
S/o Siddaraju.H.S., a/a 37 Yrs.,
r/o Basaraju Hobli, Halegere,
Mandya-571446.
And also r/a No.211, Old No.151,
6th Cross, Veerabhadranagar,
BSK III Stage, Bangalore-560 085.
2.Smt. Baharathi
W/o H. S. Siddaraju, a/a 54 Yrs.,
r/o Basaralu Hobli, Hallegere,
Mandya-571446.
3.Siddaraju
S/o Hotel Siddegowda, a/a 64 yrs.,
r/o Mandya Taluk, Basaralu Hob li,
Hallegere Village, Mandya-571445.
4.Smt. H. S. Ramya
W/o s. Divyakumar, a/a 35 yrs.,
r/a No.365, 7th Main,
Near PES Engineering College,
Veerabhadranagar, BSK III Stage,
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Crl.Misc.No.3155/2024
Bangalore-560 085.
(By Sri/Smt: H. C. Krishna, Adv.,)
AND
Respondent State by Basavanagudi Women
P.S.,
Bengaluru City.
(By the learned Public Prosecutor)
ORDER ON BAIL PETITION FILED U/S.438 OF Cr.P.C.,
The learned counsel for the Petitioners has filed bail
petition U/s.438 of Cr.P.C., to grant anticipatory bail in favour
of the Petitioners and also direct the Respondent Police to
release them on bail in the event of their arrest in their Crime
No.57/2024 in the interest of justice.
2. The brief facts of the bail petition is that on the basis of
the information of Smt.Asha, a/a 30 yrs., w/o petitioner No.1,
the Respondent Police have registered a case in Crime
No.57/2024 against the Petitioners for the offences punishable
U/s.498A and 506 of IPC and Sec.3 and 4 of DP Act. The
Petitioners being accused apprehending their arrest at the
hands of respondent police and constrained to file this petition
to grant bail.
3. The learned Public Prosecutor has filed objection in
detail by reiterating the contents of the Complaint and
contended that this bail petition is not maintainable in law or on
facts of the case since the investigation of the case is in
progress. Further, she has reiterated the contents of Complaint
and also contended that if Petitioners are granted bail then they
again will involve in causing mental and physical harassment to
the Complainant and also chance of destroying the evidence,
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Crl.Misc.No.3155/2024
tamper the prosecution witnesses and hamper the investigation.
Accordingly, prayed for dismissal of the bail petition.
4. Heard the arguments. Perused the materials on record.
5. The following points are arises for consideration of this
Court:
1. Whether the Petitioners have made out sufficient
grounds for granting Anticipatory bail in their
favour in Cr. No.57/2024 of
Basavanagudi
Women P. S., at this stage as sought for?
2. What order?
6. This court has answered the above points are as
under:
Point No. 1
:
In the Affirmative
Point No. 2
:
As per final order
for the following:-
REASONS
7. Point No.1: On considering the papers on record, it is
evident to note that the Respondent Police have registered a
Crime No.57/2024 against the Petitioners for the offences
punishable U/s.498A and 506 of IPC and Sec.3 and 4 of DP
Act, on the Complaint of Smt.Asha, a/a 30 Yrs., Admittedly, the
petitioner No.1 is the husband and petitioners No.2 to 4 are the
relatives of the husband of the alleged complainant-Smt.Asha,
which is not in dispute.
8.It is the case of the complainant that on 7.8.2016 the
marriage of accused No.1 was solemnized with the complainant
and at the time of marriage on demand accused persons
received cash of Rs.2,00,000/- and gold articles as dowry from
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Crl.Misc.No.3155/2024
the parents of complainant. After the marriage complainant
started residing along with family members of accused No.1 at
that time the accused persons subjected her to physical and
mental cruelty by demanding additional dowry in terms of
Rs.5,00,000/-. The accused No.1 failed to take care of her and
her child, when she questioned threatened her with life. The
having illicit relation ship with one Lakshmi, when she
questioned the accused No.1 forced her for divorce, as he
intends to marry another girl, and ousted her and her child from
the matrimonial house. Unable to bear the physical and mental
cruelty
caused
by
the
accused
persons,
complainant
constrained to file complaint against the petitioners before
respondent police.
9.The contention of petitioners is that they are innocent of
the offences alleged and there is absolutely no case made out
against them for the alleged offence. But, as pointed out by the
learned Public Prosecutor, investigation is not yet completed, at
this stage if the bail is granted in favour of the petitioners, then
they may abscond and also tamper the prosecution witnesses
and hamper the investigation, and this stage when investigation
is under process, this Court cannot come to the conclusion that
the petitioners are innocent of the offence alleged against them.
Hence, at this stage the contention of petitioners that they are
innocent of the offences alleged against them does not stand
for consideration. It is not desirable on the part of this Court at
this stage to come to the conclusion that the petitioners are
innocent of the offences alleged against them.

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Crl.Misc.No.3155/2024
10. It is pertinent to note that even for the sake of
argument, it is accepted that there is prima-facie case against
the Petitioners for the offences punishable U/s.498A and 506 of
IPC and Sec.3 and 4 of DP Act, the said offence is not
punishable with death or imprisonment for life. But the offence
U/s.498A of IPC is though non-bailable, but it is exclusively
triable by the Magistrate.
11.It is well settled principle of law that the granting of bail
is discretionary power of the Court and every case should be
considered on the basis of facts of each case. The certified
copies complaint and FIR produced by the petitioners discloses
that a complaint has been lodged by the complainant, at
Basavanagudi
Women
P.S.,
in
Crime
No.57/2024
on
26.03.2024 at 17.00 hours for the offences as alleged. The
documents would discloses that there is a matrimonial dispute
between accused No.1 and the complainant. Admittedly, the
petitioner No.1 is the husband and petitioners No.2 to 4 are the
relatives of the husband of the alleged complainant – Smt.Asha,
against whom the filing of the complaint is sufficient to draw
apprehension in the minds of the petitioners regarding their
arrest in non-bailable offence.
12.Whether the petitioners have committed the alleged
offence as contended by the complainant is a matter, which has
to be decided only at the time of full-fledged trial.

At this
juncture, when the petitioners are ready to abide by the terms
and conditions imposed by the court and when they are ready
to offer due and adequate surety for their release on bail, then
this court is of the opinion that no purpose will be served by
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Crl.Misc.No.3155/2024
allowing the respondent police to apprehend the petitioners and
to keep them in custody. The petitioners are the permanent
residents as shown in the cause title and this fact has not been
disputed by the prosecution, as such the presence of petitioners
can be secured easily, hence, the question of absconding of the
petitioners does not arise at all. The objections raised by the
learned Public Prosecutor can be met by imposing stringent
conditions. Absolutely there is no ground made out by the
prosecution to reject this bail petition. Hence, under these
circumstances, the petitioners have made out sufficient ground
for granting anticipatory bail in their favour at this stage as
prayed for as there exist reason to believe that they may be
arrested in non-bailable offence. Accordingly, I answer Point
No.1 in the affirmative.
13. Point No. 2: In view of answer of this Court on point
No.1, this court pass the following:ORDER
The bail petition filed by the petitioners U/s.438
of Cr.P.C. is hereby allowed.
The petitioners are ordered to be released on bail
on their executing personal bond for Rs.1,00,000/each with one surety for the like sum to the
satisfaction of the concerned I.O.,/Magistrate in the
event of their arrest in the case in Crime No.57/2024
of Basavanagudi Women P. S., subject to following
conditions:1.The Petitioners shall make themselves available for
interrogation by the I.O. as and when required till
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Crl.Misc.No.3155/2024
the final report is filed. Further, they shall assist
the I.O. in further investigation of the case.
Further the petitioner No.1 shall mark his
attendance once in a month, i.e., first Sunday of
every month in between 10.00 a.m. and 2.00
p.m. before the I.O., till filing of final report or
further orders whichever is earlier.
2.The Petitioners shall surrender before the
concerned Police within 15 days from the date of
this order without fail.
3.They shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him/ her from disclosing such facts to
the Court or to the concerned I.O.,
4.They shall not hamper further investigation of the
case and tamper with prosecution witnesses in
any manner and shall not intimidate the
complainant.
5.They shall not commit similar offences or any
offences during the pendency of case,
6.They shall appear before the concerned Magistrate
Court as and when directed.
7.They shall also furnish the notarized copy of their
residential id address proof.
8.In the event of violation of any of the above
conditions, the above bail shall stand
automatically canceled.
(Typed to my dictation by the Stenographer directly on Computer, corrected by me
and then pronounced in open Court on this the 6th day of April, 2024)
(Manjunatha)
XLV Addl. CC & SJ, Bengaluru.
MANJUNATH
RAMA NAIK
Digitally signed
by MANJUNATH
RAMA NAIK
Date: 2024.04.25
16:37:36 +0530
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Order pronounced in the open court
vide its separate order
ORDER
The bail petition filed by the petitioners
U/s.438 of Cr.P.C. is hereby allowed.
(Manjunatha)
XLV Addl. CC & SJ, Bengaluru.

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