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CRL.P No. 1006 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 1006 OF 2024
BETWEEN:
AMAR SHASHIKUMAR @ ANOOP,
S/O SHASHIKUMAR PILLAI,
AGED ABOUT 36 YEARS,
R/AT FLAT NO.013, SHIRADI SAI,
CONCORD HEIGHTS APARTMENTS,
N NAGENAHALLI MAIN ROAD,
NEAR NAGENAHALLI BUS STOP,
POST: SHIVARAM KARANTH NAGARA,
BANGALORE - 560 077.
…PETITIONER
(BY SRI. K. PRASANNA SHETTY, ADVOCATE)
AND:
STATE BY KUNDAPURA
RURAL POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally signed
by SOWMYA D BANGALORE - 560 001.
Location: High
…RESPONDENT
Court of
(BY SRI. NAGESHWARAPPA, HCGP)
Karnataka
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.67/2023 OF KUNDAPURA UDUPI FOR THE
OFFENCE P/U/S.506,498-A,504,324 R/W SEC.34 OF IPC AND
SE.3,4 OF DP ACT PENDING ON THE FILE OF THE 1ST
ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT
KUNDAPURA.
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CRL.P No. 1006 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/Accused No.1 has filed this petition
under Section 438 of Cr.P.C. seeking anticipatory bail in
Kundapura Rural Police Station in Crime No. 67/2023
registered for the offences punishable under Sections
498A, 324, 504, 506 read with Section 34 of IPC and
under Section 3 and 4 of Dowry Prohibition Act, 1961.
2. Brief factual matrix of the prosecution case is
that, the marriage of the complainant was solemnised with
the petitioner/accused No.1 on 27.01.2023 at BEML
Kalyana Mandir situated in C V Raman, Bangalore. It is
alleged that on 03.06.2022, a demand of Rs.10,00,000/-
was made along with 40 pawan gold and same was given
at the time of marriage itself. It is alleged that
subsequently after the marriage, the petitioner along with
his parents subjected the complainant to ill-treatment both
physically and mentally and further, demanded
Rs.10,00,000/-. It is also alleged that petitioner has
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CRL.P No. 1006 of 2024
humiliated the complainant and her parents and he got her
surety ship for housing loan of Rs.45,00,000/- and it is
also alleged that he obtained various loans from various
financial institutions as well as on two credit cards in the
name of his wife and used the said amount for his
personal use.
3. It is also alleged that thereafter on 04.06.2023,
she was physically assaulted and threatened and driven
out of the house and hence, she alleged to have lodged a
complaint on 14.12.2023. Further, the allegations disclose
that prior to lodging complaint, on 22.07.2023 a re-
conciliation was held and she again joined the company of
the petitioner, but again on 16.11.2023 she was driven
out of the house.
4. On the basis of the complaint, crime was
registered in Crime No.67/2023 and FIR was filed.
Apprehending his arrest, the petitioner along with his
parents approached the learned Sessions Judge, Kundapur
seeking anticipatory bail, but the bail petition filed by the
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CRL.P No. 1006 of 2024
petitioner was rejected, while anticipatory bail was granted
to his parents. Hence, he is before this Court.
5. Heard learned counsel for the petitioner,
learned HCGP for the Respondent-State and perused the
records.
6. The complaint reveals that the marriage of
petitioner and the complainant was performed on
27.01.2023 and some allegations were made regarding
demand and acceptance of dowry. But on perusal of the
complaint, it is evident that the complaint was intelligently
drafted by some person having legal knowledge. Apart
from that the allegations disclose that the petitioner was
initially driven out of the house on 04.06.2023 and after
re-conciliation she joined on 22.07.2023 and later on,
again on 16.11.2023 she was driven out of the house. But
the complaint was lodged on 14.12.2023 after delay of
one month.
7. The offences alleged are not exclusively
punishable with the sentence of the death or life
imprisonment and considering the family dispute between
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CRL.P No. 1006 of 2024
the parties, in my considered opinion, it is just and proper
to enlarge the petitioner on bail, otherwise the
reconciliation chances are likely to fail forever, if the
petitioner is kept under custody. The other apprehensions
raised by learned HCGP can be meted out by imposing
certain conditions and hence, the petition needs to be
allowed and accordingly, I proceed to pass the following.
ORDER
(i) The Petition stands allowed.
ii) The petitioner/Accused No.1 is directed to
be enlarged on bail in the event of his arrest in
Crime No.67/2023 of Kundapura Rural Police
Station, Udupi District, registered for the
offences punishable under Sections 506, 498A,
504, 324 r/w Section 34 of IPC and under
Section 3 and 4 of Dowry Prohibition Act, 1961,
on 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 or
the concerned trial Court, subject to following
conditions:
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CRL.P No. 1006 of 2024
a) Petitioner shall surrender himself before
the Investigating Officer within ten days
from the date of receipt of a certified copy
of this order and in the event of his
surrender, Investigating Officer/SHO shall
release him on bail as directed.
b) He shall not directly or indirectly tamper
with any of the prosecution witnesses.
c) He shall not indulge in any similar offences.
d) He shall make himself available to the
Investigating Officer for interrogation
whenever called for during course of
investigation.
e) He shall mark his attendance before the
Investigating Officer/SHO between 9.00
a.m. and 5.00 p.m. on every Sunday of the
month till the final report is submitted.
Sd/-
JUDGE
RAK
List No.: 1 Sl No.: 42
CT:SNN