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Karnataka High Court · body

2020 DIGILAW 54 (KAR)

Mayura v. State of Karnataka, Represented by Special Public Prosecutor

2020-01-06

JOHN MICHAEL CUNHA

body2020
JUDGMENT : JOHN MICHAEL CUNHA, J.:— Heard learned counsel for the petitioner and learned HCGP appearing for respondent-State. Learned HCGP has not filed Statement of Objection, but, has orally opposed the petition. 2. Complaint was lodged against the petitioner by his wife alleging that at the time of her marriage, petitioner herein demanded and received a gold bracelet and chain by way of dowry and thereafter, he and his parents, sisters and his relatives have been pestering the complainant to bring additional dowry from her parents house. It is alleged that when the petitioner was imprisoned in an incident during demonetization, the petitioner pressurized the complainant to bring money from her parents house to secure bail. 3. It is further alleged that on 04.11.2019 at about 03.00 P.M. when the complainant and her brothers had been to the house of the petitioner, petitioner caught the tuft of the complainant and assaulted her with hands and also caused grievous injuries to her brothers. Respondent has not produced any wound certificate to show the gravity of the injury. Nonetheless, necessary evidence with regard to the injuries having already been collected by the Investigating Agency, custodial interrogation of the petitioner may not be necessary. 4. Further, petitioner being a police constable, his presence could be secured for the purpose of trial and there cannot be any apprehension that he may flee from justice or make himself unavailable for the purpose of further investigation or eventual trial. 5. Hence, the following order:— Criminal petition is allowed. The petitioner is directed to appear before the Investigating Officer within 15 days from the date of this order and on his appearance, the Investigating Officer shall interrogate the petitioner and shall enlarge him on bail on the same day subject to the following conditions:— (i) The petitioner shall furnish a bond in a sum of Rs. 1.00 lakh (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer; (ii) The petitioner shall appear before the Investigating Officer as and when required; (iii) The petitioner shall co-operate in the investigation; (iv) The petitioner shall not threaten or allure the prosecution witnesses; and (v) The petitioner shall mark his attendance in Bidadi Police Station, Ramanagara District, on the 15th of every month until submission of the final report.