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2022 DIGILAW 6 (KAR)

Maheshwar Reddy v. State By R. R. Nagar P. S.

2022-01-03

H.P.SANDESH

body2022
JUDGMENT 1. This petition is filed under Sec. 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.0222/2021 registered by Rajarajeshwari Nagar Police Station, Bengaluru, for the offences punishable under Ss. 498-A, 323, 504 read with Sec. 34 of IPC and Ss. 3 and 4 of the D.P.Act. 2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State. 3. The factual matrix of the case is that this petitioner is the husband of the complainant and an allegation is that this petitioner and other family members subjected her for both mental and physical cruelty as well as dowry harassment and assault vide complaint dtd. 25/11/2021. Based on the complaint, the police have registered a case for the offences punishable under Ss. 498-A, 323, 504 read with Sec. 34 of IPC and Ss. 3 and 4 of the D.P.Act. 4. The learned counsel for the petitioner would submit that only with an intention to harass the petitioner a false complaint has been filed and the present complaint is also filed after filing of divorce petition. The marriage was taken place on 9/11/2018. The allegations made in the complaint are all false. 5. Per contra, the learned High Court Government Pleader appearing for the State would submit that the complaint averments disclose that she was subjected both mental and physical cruelty and abused in a filthy language and also subjected to dowry harassment. 6. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State and having taken note of the gravity of the offence and the allegations made in the complaint and also the offences are not punishable with death or imprisonment for life, it is a fit case to enlarge the petitioner on bail. 7. In view of the discussions made above, I pass the following: ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in respect of Crime No.0222/2021 registered by the Rajarajeshwari Nagar Police Station, Bengaluru, for the offences punishable under Ss. 498-A, 323, 504 read with Sec. 34 of IPC and Ss. In view of the discussions made above, I pass the following: ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in respect of Crime No.0222/2021 registered by the Rajarajeshwari Nagar Police Station, Bengaluru, for the offences punishable under Ss. 498-A, 323, 504 read with Sec. 34 of IPC and Ss. 3 and 4 of the D.P.Act, subject to the following conditions:- (i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000.00 (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer. (ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses. (iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for. (iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier. (v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.