IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 5 th DAY OF JULY, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.6003/2022
Petitioner
Vinodh.M,
S/o Murugan,
Aged about 32 years,
R/at Manjunath
Nagar, Magadi Road,
Bengaluruy-560023.
(By Sri. Vinod.M Adv.)
AND
Respondent State of Karnataka
Basavanagudi Women
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 petitioner
under Section 438 of Cr.P.C. praying to grant an order
of anticipatory bail in the event of his arrest in Crime
2
Crl.Misc.No.6003/2022
No.180/2022 for the offence punishable U/s. 498A,
504, 506 of IPC and Sec.3 & 4 of DP Act.
2. The facts are as under:
The complainant is the legally wedded wife of
the petitioner. At the time of marriage, the petitioner
and other accused persons received gold ornaments,
cash of Rs.10 Lakh, 2 KG Silver articles and
Rs.50,000/- towards clothes. After the marriage, the
petitioner and other accused persons started quarrel
with the complainant and demanded additional dowry
of Rs.15,00,000/-. They always used to abuse the
complainant and treated her with cruelty. They
threatened the complainant with dire consequences.
3. Grounds for bail:
1. The petitioner is innocent.
2. The complainant started to abuse the
petitioner, his family members and left the
matrimonial home.
3. She threatened the petitioner to filed false
case and teach him a lesson.
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Crl.Misc.No.6003/2022
4. The petitioner is ready to abide by the
conditions to be imposed by the court.
With these contentions, he has 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 petitioner
to reject the bail. If the bail application is allowed, the
petitioner 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 petitioner has made
out sufficient grounds to grant
anticipatory bail ?
2. What order?
7.
My
hereunder:
findings
on
the
above
points
are
4
Point No.1:
Point No.2:
Crl.Misc.No.6003/2022
In the Affirmative
As per final order,
for the following:
R EAS O N S
8. Point No.1: It appears that the relationship
between the complainant and the petitioner is not
good. As per the complainant, the petitioner and other
accused persons demanded and received cash of
Rs.10 Lakh, Gold and Silver as dowry.
She has
alleged that they treated her with cruelty and
demanded additional dowry of Rs.15 Lakh.
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 petitioner 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
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Crl.Misc.No.6003/2022
bail to the petitioner 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
be allowed. In the result, therefore, I proceed to pass
the following:
ORD ER
This bail application filed by the
petitioner under Section 438 of Cr.P.C. is
hereby allowed.
The respondent police is hereby directed
to release the petitioner in the event of his
arrest in Crime No.180/2022 for the offence
punishable U/s. 498A, 504, 506 of IPC and
Sec.3 & 4 of DP Act, subject to the following
conditions:
1. The petitioner shall execute personal
bond for Rs.50,000/- with like sum
surety.
2. The petitioner 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 5th day of July, 2022)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.