IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 28 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.5955/2022
Petitioners
1. Muniraju.N,
Aged about 62 years,
S/o Nagappa
2. Smt.Lakshmi Raj,
Aged about 48 years,
W/o Muniraju,
3. M.L.Thejesh,
Aged about 26 years,
S/o Muniraju.N
4. M.L.Hemanth
Abhijeeth,
S/o Muniraju,
All the above are R/at
No.66/1, Ajjamallappa
Layout, Kachakanahalli,
Bangalore.
5. Surya Kumar.D,
S/o Devaraj,
Aged about 35 years
2
Crl.Misc.No.5955/2022
6. Smt. Roopa.S,
W/o Surya Kumar,
Aged about 34 years
Petitioner No.5 & 6 are
R/at No.228, 2nd ‘B’
Cross, Ajjamallappa
Layout, Kachakanahalli,
Bangalore.
(By Smt. Lathashree D.L,
Adv.)
AND
Respondent State of Karnataka
By Shivajjinagar 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 the
case registered in NCR No.521/2022 for the offences
punishable U/s. 498A r/w 34 of IPC andSec. 3 & 4 of
D.P.Act of IPC.

3
Crl.Misc.No.5955/2022
2. The facts are as under:
The complainant is legally wedded wife of
petitioner No.3 and their marriage was solemnized on
01.03.2021 at Palace Grounds. At the time of
marriage,
the
petitioners
received
huge
gold
ornaments as dowry. After 3 months, the petitioners
started quarrel with the complainant and treated her
with physical and mental cruelty. The petitioner No.3
is a alcoholic and he pushed Washing machine
towards the complainant and as such she had
sustained injuries.
3. Grounds for bail:
1. The petitioners are innocents.
2. They have not committed the alleged
offences.
3. The petitioner No.1 and 2 are Senior citizens
and having number of health issues.
4. The petitioner No.3 & 4 are pursuing
competitive exams. The petitioner No.5 & 6 are
the distant relatives of the petitioner No.1.

4
Crl.Misc.No.5955/2022
5. The complainant has assaulted the
petitioners on 04.06.2022. Now she has lodged
false complaint with concocted story.
6. The petitioners are ready to abide by the
conditions to be imposed by the court.
With these contentions, they have requested to
allow the application.
4. The learned Public Prosecutor has filed the
objections submitting that there is no criminal case
registered against the petitioners. Hence, prayed for
dismissal of the application.
5. Heard.
6.

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
hereunder:
Point No.1:
In the Affirmative
are
5
Point No.2:
Crl.Misc.No.5955/2022
As per final order,
for the following:
REA S ON S
8. Point No.1: The complainant is the legally
wedded wife of petitioner No.3. The copy of the
complaint dated 06.06.2022 prima-facie discloses
that her relationship with the petitioners is not good.
She has alleged that the petitioners with common
intention, abused, assaulted and treated her with
cruelty. The notice issued by respondent police
reveals that they called the petitioners for enquiry. It
means there is an apprehension of arrest.

Moreover,
the alleged offences are though non-bailable, they are
to be tried before the learned Magistrate. The
involvement of the petitioners is yet to be proved. The
petitioners have made out grounds to grant bail.
9. Point No.2: From the discussion made herein
above, it is clear that this petition deserves to be
6
Crl.Misc.No.5955/2022
allowed. In the result, therefore, I proceed to pass the
following:
O RDE R
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 in the event of their arrest in
NCR
No.521/2022
for
the
offences
punishable U/s. 498A r/w 34 of IPC and
Sec.3 & 4 of DP 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 her family members.
3. The petitioners shall appear before I.O.
as
and
when
called
for
the
investigation.
(Typed to my dictation by the Stenographer directly on the computer,
corrected by me and then pronounced in open Court on this the 28th day
of June, 2022)
(K.S.Jyothishree)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.