Research › Search › Judgment

Karnataka High Court · body

2016 DIGILAW 987 (KAR)

Narasimhalu v. State of Karnataka

2016-12-29

K.SOMASHEKAR

body2016
ORDER : K. Somashekar, J. This petition is filed by the petitioner/accused under Section 439 of Cr.P.C in Crime No. 78/2016 of Women Police Station, Tumkur, for the alleged offence punishable under Sections 498(A), 323 and 498 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. Therefore, the petitioner is seeking for regular bail among the grounds urged therein. 2. Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State. 3. Learned Counsel for the petitioner during the course of arguments has contended that the petitioner/accused is an innocent person and has not committed the alleged offence despite of which, the case came to be registered against him. The allegation against the petitioner is that he was harassing the complainant both physically and mentally and insisting her to bring additional dowry from her parents house. The other accused persons are enlarged on bail by the order of this Court in Crl.P. No. 7946/2016 dated 23.11.2016. Therefore, on the principle of parity, this petitioner is also released on bail. It is further contended that the petitioner is ready to abide by any conditions that may be imposed by this Court while granting bail. 4. Per contra, learned HCGP for the respondent-State submits that the petitioner being the husband of complainant used to harass her both physically and mentally and during the marriage period, the petitioner took dowry in terms of gold and cash. Apart from that, he demanded the complainant to get additional dowry from her parents house. Since from the date of registering of case, the petitioner is absconding. It is further submitted that the respondent-Police after registering the case against the accused persons are making hectic efforts to arrest the petitioner/accused. There is prima facie case against the petitioner and therefore, considering the statement of objections filed, the accused is not entitled for bail. 5. Keeping in view the contentions of petitioner's Counsel and learned HCGP as stated supra, the case registered against the accused persons in Crime No. 78/2016 dated 1.10.2016 for the alleged offence as narrated in the FIR, which is recorded by the Police, the case is under investigation by the Investigating Officer and it requires recording of statement. 5. Keeping in view the contentions of petitioner's Counsel and learned HCGP as stated supra, the case registered against the accused persons in Crime No. 78/2016 dated 1.10.2016 for the alleged offence as narrated in the FIR, which is recorded by the Police, the case is under investigation by the Investigating Officer and it requires recording of statement. The petitioner being the husband of the complainant was harassing her both physically and mentally and also insisting her to get additional dowry from her parents house. The other accused persons are enlarged on bail by the order of this Court in Crl.P. No. 7946/2016 dated 23.11.2016. Learned HCGP submits that if accused is released on bail certainly he would come in the way of case of the prosecution and destroy evidence. The apprehension of the learned HCGP could be suitably met with, by imposing certain conditions to safeguard the interest of the prosecution. Therefore, for the aforesaid reasons and in the circumstances, I am of the considered opinion that the accused shall be released on bail. Hence, the following: ORDER The Petition is hereby allowed subject to following conditions: (i) Petitioner-accused shall execute a personal bond for a sum of Rs. 50,000 with like sum surety to the satisfaction of the concerned Court. (ii) Petitioner-accused shall co-operate with the Investigating Officer during the course of investigation. (iii) Petitioner-accused shall not tamper or hamper the case of the prosecution witnesses. (iv) The petitioner-accused shall not involve in any criminal activities henceforth. (v) If the petitioner violates any of the above conditions, the bail order shall automatically stand ceased.