KABC010219172023
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 28TH DAY OF AUGUST, 2023
PRESENT:
Sri Manjunatha, B. A., LL.B.,
XLV Addl. City Civil & Sessions Judge, Bengaluru.
CRL.MISC. No.7925/2023
C/W
CRL.MISC. No.7926/2023
Petitioner
A.Sunil,
Crl., Misc.,
S/o Anjanappa, a/a 31 yrs.,
No.7925/2023
R/o Bychohalli, Shanumangala,
Bidadi, Ramanagar-562109.
(By Sri/Smt: N. Elukoti,
Advocate)
Petitioners
Crl., Misc.,
No.7926/2023
1.Bhagyamma
W/o Anjanappa, a/a 59 Yrs.,
R/o Bychohalli, Shanumangala,
Bidadi, Ramanagar-562109.
2.A. Asha
W/o B. R. Nanjegowda,
a/a 39 Yrs.,
R/o Bychohalli, Shanumangala,
Bidadi, Ramanagar-562109.
And also at No.4, 6th Cross,
nagarabhavi Main Road,
Bangalore-560 072.
3.Venkatalakshmamma @ Usha
W/o Sathish, a/a 35 Yrs.,
R/a No.09, Anchipura Colony,
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C/w Crl., Misc., No.7926/2023
Byramangala,
Ramanagara-562109,
4.Tejaswini.A
W/o Shivakumar.B, a/a 33 Yrs.,
R/a No.21/22, 2nd Cross,
Rajeshwarinagar, Laggere,
Bangalore-560 058.
(By Sri/Smt:N. Elukoti, Adv.,)
AND
Respondent
State by East Zone Women
P.S., Bangalore.
(By the learned Public
Prosecutor)
ORDER ON BAIL PETITION FILED U/S.438 OF Cr.P.C.,
These two petitions are taken together for common order,
as both the petitions arising out of same crime.
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.116/2023 in the interest of justice.
2. The brief facts of the bail petition is that on the basis of
the information of Smt.Sowmya, a/a 27 Yrs., w/o of accused
No.1, the Respondent Police have registered a case in Crime
No.116/2023 against the Petitioners for an offences punishable
U/s.498A, 504 and 506 r/w sec.34 of IPC and Sec.3 and 4 of
DP Act. The Petitioners being accused persons apprehending
their arrest by the respondent police and constrained to file this
petition to grant bail.

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C/w Crl., Misc., No.7926/2023
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 is granted bail then they
again will involve in causing mental and physical harassment to
the Complainant and also chance of destroying the evidence,
tamper the prosecution witnesses and hamper the investigation.
Accordingly, prayed for dismissal of the bail petitions.
4. Heard the arguments and 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.116/2023 of
East Zone
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.116/2023 against the Petitioners for the offences
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C/w Crl., Misc., No.7926/2023
punishable U/s.498A, 504 and 506 r/w Sec.34 of IPC and Sec.3
and 4 of DP Act on the Complaint of Smt.Sowmya, a/a 27 Yrs.,
8.It is the case of the complainant that on 7.2.2022 the
marriage of accused No.1 was solemnized with the complainant
and at the time of marriage on demand accused persons
received gold articles as dowry from the parents of complainant.
After the marriage complainant started to reside along with the
family members of accused No.1 at that time all the accused
persons subjected her to physical mental cruelty by demanding
additional dowry in terms of cash and gold articles from her
parents and also by forcing her to work and to give her salary to
them, hence, complainant left to her parents house. Further on
8.7.2023 the accused persons by abusing threatened her with
life. Unable to bear the physical and mental cruelty caused by
the accused persons, complainant constrained to file complaint
against the petitioner 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 offences. 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 progress, this Court cannot come to the conclusion that
the petitioners are innocent of the offences 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
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C/w Crl., Misc., No.7926/2023
Court at this stage to come to the conclusion that the petitioners
are innocent of the offences alleged against them.
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 offence punishable U/s.498A, 504 and
506 r/w Sec.34 of IPC and Sec.3 and 4 of DP Act, the said
offences are not punishable with death or imprisonment for life.
The offence U/s.498A of IPC is though non-bailable, but it is
elusively 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 of complaint and FIR produced by the petitioners
discloses that a complaint has been lodged by the complainant
at
East Zone Women P. S., in Crime No.116/2023 on
19.07.2023 at 13.30 hours for an offences punishable
U/s.498A, 504 and 506 r/w Sec.34 of IPC and Sec.3 and 4 of
DP Act.

The documents would disclose that there is a
matrimonial dispute between petitioner-Sunil and defacto
complainant. 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
offences 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
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C/w Crl., Misc., No.7926/2023
this court is of the opinion that no purpose will be served by
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 grounds 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 offences. 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 petitions filed by the Petitioners U/s.438
of Cr.P.C. are 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.116/2023
of East Zone Women P.S., subject to following
conditions:
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C/w Crl., Misc., No.7926/2023
1.The
Petitioners
shall
make
themselves
available for interrogation by the I.O. as and
when required till the final report is filed.
Further, they shall assist the I.O. in further
investigation
Petitioner-A.

of
the
Sunil
case.

Further
shall
mark
the
their
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 in future.
6.They shall appear before the concerned
Magistrate Court as and when directed,
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7.They shall furnish the notarized copies of their
residential id address proof.
The original order shall be kept in Crl.,
Misc., No.7925/2023 and certified copy
thereof shall be kept in the Crl., Misc.,
No.7926/2023.
(Typed to my dictation by the Stenographer directly on Computer, corrected by me
and then pronounced in open Court on this the 28th day of August, 2023)
(Manjunatha)
XLV Addl. CC & SJ, Bengaluru.

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Order pronounced in the open court
vide its separate order
ORDER
The bail petitions filed by the petitioners
U/s.438 of Cr.P.C. is hereby allowed.
The original order shall be kept in Crl., Misc.,
No.7925/2023 and certified copy thereof shall be
kept in the Crl., Misc., No.7926/2023.
(Manjunatha)
XLV Addl. City Civil & Sessions Judge,
Bengaluru.