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.6031/2022
Petitioners
1. Satish Kumar,
Aged about 23 years,
S/o Eshwar Prasad,
2. Eshwar Prasad,
S/o Ramesh Prasad Yadav,
Aged about 50 years
3. Seeyadevi,
Aged about 45 years,
W/o Eshwar Prasad,
4. Simpi,
D/o Eshwar Prasad,
Aged about 30 years,
All are R/at No.89, 4th
Cross, 1st Main,
Veerabhadranagar, BSK 3rd
Stage, Bangalore.
(By Sri.Chikkamuddaiah,
Adv.)

AND
Respondent
State of Karnataka
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Crl.Misc.No.6031/2022
By Girinagar 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.141/2022 for the offence punishable U/s.
498A r/w 34 of IPC and Sec.3 & 4 of D.P.Act.
2. The facts are as under:
The complainant is the legally wedded wife of
petitioner No.1 and their marriage was performed on
20.12.2019.

After
marriage,
The mother
of
the
complainant paid Rs.30,000/- as advance to the
rented house of the complainant and petitioner No.1.
on 08.12.2020, their marriage was registered.

The
complainant received Rs.50,000/- from her mother
towards the payment of house rent. After some time,
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Crl.Misc.No.6031/2022
the other petitioners instigated the petitioner no.1 and
started to abuse the complainant. They assaulted
with hands and demanded dowry of Rs.10,00,000/-.
On 03.05.2022 about 9.30 PM, the petitioner No.1
consumed
alcohol,
started
quarrel
with
the
complainant, assaulted caused hurt and threatened
with dire consequences. His snatched her mangalya
chain and treated with cruelty.
3. Grounds for bail:
1. The petitioners are innocents.
2. The petitioner No.2 and 3 are the parents
and the petitioner No.4 is a sister of petitioner
No.1.
3. The complainant is arrogant and lodged
false complaint.
4. The petitioners are ready to abide by
conditions to be imposed by the court.

the
With these contentions, they have requested to
allow the application.
4. The learned Public Prosecutor has filed the
objections and re-iterated the complaint averments.
There are prima facie materials against the petitioners
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Crl.Misc.No.6031/2022
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:
R EAS O N S
8. Point No.1: The petitioner No.1 is husband,
petitioner No.2 and 3 are in-laws and the petitioner
No.4 is the sister-in-law of the complainant. It
5
appears
that
the
Crl.Misc.No.6031/2022
relationship
between
the
complainant and petitioner No.1 is not good.
9. It is the contention of the complainant that
after marriage, the petitioners started to harass her
both physically and mentally. She has alleged that
they demanded more dowry.
10. 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.
11. Point No.2: From the discussion made
herein above, it is clear that this petition deserves to
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Crl.Misc.No.6031/2022
be allowed. In the result, therefore, I proceed to pass
the following:
ORD ER
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 Cr.No.141/2022 for the offence
punishable U/s. 498A r/w 34 of IPC and
Sec. 3 & 4 of D.P.Act, 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.