KABC010160002022
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 18TH DAY OF JUNE, 2022
PRESENT:
Sri Yashawanth Kumar, B.A.(Law), LL.B.,
LI Addl., City Civil & Sessions Judge, Bengaluru,
C/C XLV Addl. City Civil & Sessions Judge, Bengaluru.
CRL.MISC. No.5958/2022
Petitioners
1.K. Manjunath
S/o V. Kumar,
A/a 31 Yrs.,
R/a No.6/7, 3rd Cross,
Chakranagar Main Road,
Andrahalli,
Bangalore-560 091.
2.V. Kumar
S/o Venkatesh,
A/a 55 Yrs.,
3.Smt. Lakshmamma,
W/o V. Kumar,
A/a 47 Yrs.,
Both are R/a No.8,
Muddinapalya Main Road,
Near Bindu Apartment,
Anjanangar,
Bangalore-560 091.
(By Sri/Smt; P. Sridhar,
Advocate)
2
Crl.Misc.No.5958/2022
AND
Respondents
State by Gangammanagudi
P.S.,
(By the learned Public
Prosecutor)
ORDER ON BAIL PETITION FILED U/S.438OF Cr.P.C.,
This is a petition filed by the petitioners U/s.438 of
Cr.P.C., seeking an order of anticipatory bail in Crime
No.69/2022 of respondent police station registered for the
offences punishable U/s.498A of IPC and Sec.3 and 4 of DP
Act.
2.The petitioners have contended as under;
They are innocent and they have not committed any
offences. They have been falsely implicated in the present case
and no prima facie case is not made out against them. They
are the permanent residents of the address as shown in the
cause title and they would not flee from justice. They are ready
to offer surety for their release on bail and abide by any
condition that may be imposed by this Court.
3. The learned Public Prosecutor appeared for the
respondent police and filed objection. She has contended that
there are prima-facie materials against the petitioners for having
committed the offences. If they are released on bail, they may
tamper the prosecution witnesses, they may hamper the
investigation and there is likelihood of fleeing from justice.
4. I heard the learned counsel for the petitioners and
learned Public Prosecutor for respondent.
5.The points that arise for my consideration are as under:
3
Crl.Misc.No.5958/2022
1. Whether the petitioners have made out sufficient
grounds for grant of anticipatory bail as prayed by
them?

2. What order?
6.I answer the above points as under:Point No.1: In the Affirmative
Point No.2: As per final order
for the following:REASONS
7. Point No.1: The respondent police have registered a
case against the petitioners in their Crime No.69/2022 on the
complaint of first informant-Smt.V. Pavithra, who is the wife of
Petitioner No.1. Admittedly the petitioners No.2 and 3 the
relatives of the husband of the first informant-Smt. Pavithra.
8.It is alleged that on 22.03.2020, the marriage of
petitioner No.1 was solemnized with the first informant as per
the customs prevailing in their community and at the time of
marriage, on demand, he received gold and motorbike as dowry
from the parents of first informant. After the marriage the first
informant started to reside with petitioners, at that time they
subjected the first informant to physical and mental cruelty by
demanding additional dowry.
9.It is contended by the petitioners that earlier similar
complaint was filed before Basavanagudi Women P.S., making
the same allegations, at that time on the application of the
petitioners this Court has granted anticipatory bail in Crl., Misc.,
No.7603/2021 dated 4.9.2021. Again the present complaint is
4
Crl.Misc.No.5958/2022
made before Gangammanagudi P.S., only with an intention to
harass the petitioners.
10.The truthfulness of the allegations in the complaint
can be determined only after a full fledged trial. The offences
alleged against the petitioners are not punishable with death or
imprisonment for life, it is triable by the Magistrate. They
undertake to co-operate in the investigation. At this stage it
appears that the custodial interrogation of the petitioners is not
required.
11.The petitioners are ready to offer surety for their
release on bail and to abide by any condition that may be
imposed by this Court. The petitioners are the permanent
residents of the address given in the cause title and they under
takes they would not flee from justice, not tamper with the
prosecution witnesses and not hamper the investigation. In
such circumstances, if the petitioners are granted anticipatory
bail by imposing conditions, it would suffice to meet the ends of
justice. Hence, I answer Point No.1 in the affirmative.
12. Point No.2: In view of answer of this Court on point
No.1, this court pass the following:ORDER
The petition filed by the petitioners U/s.438 of
Cr.P.C. is hereby allowed.
The petitioners shall be released on bail in the
event of their arrest in Crime No.69/2022 of
respondent police station registered for the offences
punishable U/s.498A of IPC and Sec.3 and 4 of DP
Act subject to the conditions that:
5
Crl.Misc.No.5958/2022
1.The petitioners shall execute personal bond
for a sum of Rs.50,000/- (Rupees fifty thousand)
each with one surety for like sum to the satisfaction
of the trial Court/I.O.,
2.They shall appear before the I.O., within 15
days from the date of this order.
3.They shall co-operate in the investigation of
the case.
4.They shall not tamper with the prosecution
witnesses.
5.They shall regularly appear before the Court
during the trial without fail.
6.They shall not commit similar offences,
7.They shall not leave the jurisdiction of the
Court without prior permission,
8.They shall produce their photo Id card for
residential address proof before the I.O.,
(Dictated to the Stenographer, transcribed and computerized by the him
and after corrections, printout taken and then pronounced in the open Court and
signed by me, on this the 18th day of June, 2022)
(Yashawanth Kumar)
LI Addl. City Civil & Sessions Judge, Bengaluru,
C/C XLV Addl. City Civil & Sessions Judge, Bengaluru.

6
Crl.Misc.No.5958/2022
18.06.2022
Order pronounced in the open court
vide its separate order
ORDER
The petition filed by the petitioners U/s.438 of Cr.P.C. is hereby
allowed.
The petitioners shall be released on bail in the event of their
arrest in Crime No.69/2022 of respondent police station registered for
the offences punishable U/s.498A of IPC and Sec.3 and 4 of DP Act
subject to the conditions that:
1.The petitioners shall execute personal bond for a sum of
Rs.50,000/- (Rupees fifty thousand) each with one surety for like
sum to the satisfaction of the trial Court/I.O.,
2.They shall appear before the I.O., within 15 days from the
date of this order.
3.They shall co-operate in the investigation of the case.

7
Crl.Misc.No.5958/2022
4.They shall not tamper with the prosecution witnesses.
5.They shall regularly appear before the Court during the
trial without fail.
6.They shall not commit similar offences,
7.They shall not leave the jurisdiction of the Court without
prior permission, and
8.They shall produce their photo Id card for residential
address proof before the I.O.,
(Yashawanth Kumar)
LI Addl. City Civil & Sessions Judge, Bengaluru,
C/C XLV Addl. City Civil & Sessions Judge, Bengaluru.