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.6004/2022
Petitioners
1. Murugan.S.N,
Aged about 61 years.
2. Smt. Vijaya M,
Aged about 53 years.
Both are R/at No.19/20,
9th Cross, Manjunath
Nagar, Magadi road,
Bengaluru-560023.
3. Smt.Sukanya.M,
Aged about 27 years,
R/at Shivaganga Swagath
Apartment, Hosur Road
popular colony,
Bommanahalli,
Bengaluru-560068.
(By Sri.Vinod.M, Adv.)

AND
Respondent State of Karnataka
Basavanagudi Womens
P S, Bangalore.

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Crl.Misc.No.6004/2022
(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.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
accused No.1. At the time of marriage, the petitioners
received gold ornaments, cash of Rs.10 Lakh, 2 KG
Silver articles and Rs.50,000/- towards clothes. After
the marriage, the petitioners 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.

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Crl.Misc.No.6004/2022
3. Grounds for bail:
1. The petitioners are innocents.
2. The complainant started to abuse the
petitioners and left the matrimonial home.
3. She threatened the petitioners to filed false
case and teach them a lesson.
4. 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 and re-iterated the complaint averments.
There are prima facie materials against the petitioners
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:
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Crl.Misc.No.6004/2022
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: It appears that the relationship
between the complainant and her husband is not
good.

As per the complainant, the petitioners
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 petitioners is
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Crl.Misc.No.6004/2022
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.
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
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 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:
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Crl.Misc.No.6004/2022
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 5th day of July, 2022)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.