Research › Search › Judgment

Karnataka High Court · body

2017 DIGILAW 164 (KAR)

Premesh v. State of Karnataka

2017-01-30

P.S.DINESH KUMAR

body2017
ORDER : P.S. Dinesh Kumar, J. The husband of respondent No. 2 has filed this petition seeking anticipatory bail in Cr. No.246/2016 registered by Sakaleshpura Rural Police Station alleging offences punishable under Sections 498A, 323, 324, 506 read with Section 149 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Heard Mr. Mahesh C M, learned Counsel for the petitioner and Mr. S. Vishwa Murthy, learned High Court Government Pleader for the State. 3. Learned Counsel for the petitioner at the outset submits that this Court in Crl. P.No.8637/2016 has stayed all further proceedings in pursuant to registration of FIR in Cr. No.246/2016. So far as the allegation with regard to complaint against the petitioner is concerned, he submits that the allegations are absolutely false because if the entire complaint is read, no specific allegations is made against the petitioner. All allegations are vague without reference to any particular incident. Though the complaint contains allegations of assault, no material is brought before the Court to substantiate the claim. In the premise, he prays for allowing this petition. 4. Mr. S. Vishwa Murthy, learned High Court Government Pleader opposing the petition submits that the petitioner is the husband of second respondent and the complaint is with regard to the commission of offence under Section 498A of IPC and under Sections 3 and 4 of DP Act and petitioner is the principal accused. Accordingly, prays for dismissal of the petition. 5. I have carefully considered the submissions of learned Counsel for the petitioner and the learned High Court Government Pleader and perused the complaint. The complaint does not disclose any specific allegation against the petitioner. All allegations are general in nature. Further, it is brought to the notice of this Court that further proceedings in Cr. No. 246/2016 have been stayed by this Court in the aforementioned criminal petition. 6. In the premise, petition merits consideration and the petitioner shall be entitled to anticipatory bail, subject to the following conditions: (a) Petitioner shall surrender before the Investigating Officer of the jurisdictional police station on or before 10.2.2017 and in such an event, petitioner shall be released on bail on his executing a personal bond for a sum of Rs. 6. In the premise, petition merits consideration and the petitioner shall be entitled to anticipatory bail, subject to the following conditions: (a) Petitioner shall surrender before the Investigating Officer of the jurisdictional police station on or before 10.2.2017 and in such an event, petitioner shall be released on bail on his executing a personal bond for a sum of Rs. 50,000 with one surety for the like sum to the satisfaction of the Investigating Officer; (b) He shall appear before the jurisdictional police station and mark his attendance on 1st and 3rd Sundays of every month between 10.00 a.m. and 1.00 p.m. till the charge sheet is filed; (c) He shall co-operate with the Investigating Officer for conducting investigation and shall appear before Investigating Officer as and when called for; (d) He shall not hold out threats to the prosecution witnesses or lure them in any manner; and (e) He shall not involve in any criminal activities. 7. If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek for cancellation of bail.