High court sets aside Lower Court’s order and grants bail to the petitioner on cruelty and dowry: Karnataka High Court
The criminal petition filed under section 438 of Cr.P.C seeking enlargement on bail for the offence punishable under section 498A( Husband or relative of husband of a woman subjecting her to cruelty), 323 ( punishment for voluntarily causing hurt), 504 ( intentional insult with intent to provoke breach of peace), 506 (punishment for criminal intimidation) read with Section 34 of IPC ( acts done by several person in furtherance of common intention) and sections 3 ( penalty for giving or taking dowry )& 4 ( penalty for demanding dowry) of Dowry prohibition Act by the petitioner. And the petition is allowed by the High court of Karnataka through the learned bench led by the Honorable Mr. Justice H P Sandesh in the case Anandakumar vs state of Karnataka ( criminal petition no.310/2022) on 20th January 2022.
Brief facts of the case are that the marriage of this petitioner was solemnized with the complainant on 23rd may 2021. After the marriage due to some problem, the petitioner subject her to cruelty and she was assaulted and Caused her life in threat. Apart from that she was also subjected to dowry also. And then the complainant logged a case the petitioner.
Arguments presented by the learned counsel appearing on behalf of petitioner that in a short while of the marriage the said allegation is made and a false allegation is made against the petitioner and the offences are not punishable with death or imprisonment for life. An only allegation is that he assaulted with hands, caused life threat and abused. With regard to the allegation of dowry harassment, it requires a trial.
Arguments presented by the learned high court government pleader appearing on behalf of Complainant that this petitioner being the husband of the complainant subjected her for cruelty and also dowry harassment. Hence, there is a prima facie case against this petitioner.
After hearing both the counsels and looking into the contents of the complaint and considering the records presented before the honorable court by the counsels, the petition was allowed by court that the petitioner shall be released on bail in the event of his arrest in respect of crime on certain grounds such as: 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/- with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer;The petitioner shall not indulge in hampering the investigation or tampering the prosecution Witnesses ; 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; 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; 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.
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Judgement Reviewed by Sugam Anand Mishra