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2017 DIGILAW 1317 (KAR)

Girish v. State of Karnataka

2017-09-18

RATHNAKALA

body2017
ORDER : Rathnakala, J. Heard the learned Counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State. 2. The petitioner apprehends arrest by the respondent-police in their Cr. No. 47/2017 for the offences under Sections 498-A, 307, 506 read with Section 34 of IPC and sections 3 and 4 of Dowry Prohibition Act. 3. The petitioner is arraigned as A-1 at Column No. 6 of the FIR. A-2 and A-3 are his mother and brother respectively. The complainant is none other than his wife. 4. The allegation is, the petitioner married the complainant during November 2012. Sufficient dowry was given to him during the marriage. For some time they lived together in a house standing in the name of the complainant. During their stay together, the petitioner used to quarrel with her and demand to get money from her parents to buy a site. Once he allowed the gas stove to leak. He used to alter the tablets which the petitioner was to consume during her pregnancy period. On the birth of the female child, without seeing the child, he filed a petition before the Family Court, Chamarajanagar. However, with the intervention of the elders, the matter was compromised. Subsequently, she sent the child to her parents house for the purpose of schooling. On 21.6.2017 the petitioner harassed the complainant to give consent for divorce. On the next morning he made burn injuries on her hand, forcibly administered some drug and thus made attempt to kill her. However, she escaped and was taken to her parents house and admitted to hospital etc. 5. Learned Counsel for the petitioner submits the incident occurred on 21.6.2017, but the complaint was lodged on 28.6.2017. There is enormous delay in lodging the complaint. The petition M.C. No. 38/2015 filed by the petitioner under section 9 of the Hindu Marriage Act before the Family Court, Chamarajanagar, is pending. The complainant is contesting the said petition. Only to keep distance from the petitioner, she has made a false complaint. Even now he is willing to lead happy married life with the complainant and the child. 6. Learned Government Pleader opposes the petition. 7. However, considering the fact that the marriage is in subsistence and the petition filed by this petitioner for restitution of conjugal rights is pending. Even now he is willing to lead happy married life with the complainant and the child. 6. Learned Government Pleader opposes the petition. 7. However, considering the fact that the marriage is in subsistence and the petition filed by this petitioner for restitution of conjugal rights is pending. It is felt that in the event of the arrest of the petitioner, that will shut down all the possibility of settlement of marital dispute between the parties. 8. Hence, the petition is allowed. Petitioner is granted anticipatory bail in Cr. No. 47/2017 for a period of three weeks. Within the above period, he shall surrender before the concerned Court and move for regular bail. Till disposal of the regular bail petition, this order will be in force. In the event he is arrested by the respondent-I.O. within the above period, he shall be enlarged on bail on his executing a self bond for Rs. 50,000 with one surety for the like sum. He shall co-operate with the Investigating Officer during further course of investigation.