Manjunatha M. vs State of Karnataka

H. Billappa, J.

The petitioner who is accused No. 1 in Cr. No. 472/2014 of K.R. Puram police station has filed this petition under section 438 of Cr.P.C., praying for grant of anticipatory bail.

It is stated in the petition, the petitioner is innocent of the offences alleged against him. The petitioner is a Software Engineer working in a reputed Company. He is ready to abide by any conditions that may be imposed by this Court. Therefore, the petitioner has prayed for grant of anticipatory bail.

A case in Cr. No. 472/2014 of K.R. Puram Police Station has been registered against the petitioner and others for the offences punishable under sections 498(A), 506, 376 read with section 34 of IPC; sections 3 and 4 of D.P. Act, 1961 and section 66(A) of the Information Technology Act, 2000. It is alleged, the marriage between the petitioner and the complainant was solemnized on 5.6.2013 at Channappaswamy Samudhaya Bhavan, Honnali. At the time of marriage, the petitioner demanded dowry of Rs. 5,00,000/-, 140 grams of gold and Rs. 25,000/- for clothes. 5 tolas of gold ornaments i.e., bracelet, gold chain and gold ring and cash of Rs. 3,10,000/- was given as dowry. Gold ornaments were given to the complainant also. A sum of Rs. 10,00,000/- was spent for the marriage. After the marriage, the complainant and the petitioner came to Bengaluru. The petitioner got job in E-Gate Software Company. They were staying at No. 12, 9th cross, near Rajarajeshwari temple, Devasandra, K.R. Puram, Bengaluru. The complainant found some love letters and photos. When questioned, the petitioner told the complainant that he was in love with some other girls. Thereafter, it is alleged, the petitioner demanded Rs. 4,00,000/- stating that he has suffered debt. The petitioner brought Rs. 2,00,000/- from her father and gave it to the petitioner. It is alleged, on 28.7.2013, the petitioner returned home at 9.30 p.m. He brought a beer bottle and coca-cola soft drink. The petitioner forced the complainant to consume beer. She refused. Thereafter, the complainant was compelled to drink coca-cola. She became unconscious. In the morning when the complainant got up, she noticed that she was in a naked condition. The complainant informed the family members. Thereafter, after sometime the petitioner told the complainant that he is suffering from aids. The complainant and the petitioner went for check-up. The report of the complainant was negative and the report of the petitioner was positive. It is stated, the petitioner gave mobile to the complainant. The SIM stands in the name of the petitioner. The petitioner used to connect the SIM to the cable connection. The entire data was downloaded from the internet. It is stated, the conversation has been recorded. It is stated, the complainant and the petitioner went to Vivekananda Hospital, Hubballi, for check-up to find out whether they are suffering from aids or not. The report showed that it was negative. Thereafter, the complainant stayed in her parents'' house. It is alleged, the parents and elders advised the petitioner to lead marital life with the complainant. The petitioner threatened the complainant saying that he has recorded everything. It is learnt that the petitioner was staying with one Sangeetha from Nagpur prior to the marriage. She is a Software Engineer.

The investigation is going on.

The learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. The allegations do not attract the offence alleged. The incident has occurred on 28.7.2013 and the complaint has been lodged on 21.8.2014. There is delay in lodging the complaint. The allegations are afterthought. The petitioner is ready to join the investigation. Therefore, the petitioner can be granted anticipatory bail.

As against this, the learned Government Pleader submitted that serious allegations have been made against the petitioner. The petitioner is required for investigation. Therefore, the petitioner cannot be granted anticipatory bail.

I have carefully considered the submissions made by the learned counsel for the parties.

It is relevant to note, it is alleged, the marriage between the petitioner and the complainant was solemnized on 5.6.2013. At the time of marriage, there was a demand for dowry of Rs. 5,00,000/-, 140 grams of gold and Rs. 25,000/- for clothes. 5 tolas of gold ornaments i.e., bracelet, gold chain and gold ring and a cash of Rs. 3,10,000/- was given as dowry. It is stated, a sum of Rs. 10,00,000/- was spent for the marriage. It is alleged, on 28.7.2013, the petitioner returned home at 9.30 p.m. He brought a beer bottle and coca-cola soft drink. The complainant was compelled to drink beer. When she refused, she was compelled to drink coca-cola. After taking coca-cola, she became unconscious. Next day morning the complainant noticed that she was sexually abused. It is alleged, the complainant was ill-treated by the petitioner. The incident has occurred on 28.7.2013. The complaint has been lodged on 21.8.2014. There is delay in lodging the complaint. The learned counsel for the petitioner submitted that subsequent to the legal notice, the complaint has been lodged. The petitioner is a Software Engineer. He is working in a reputed Company. He is ready to join investigation. The petitioner and the complainant are husband and wife. It is stated, the petitioner has sent legal notice to join him. The petitioner is ready to join investigation and abide by any conditions that may be imposed by this Court. In the circumstances, the petitioner can be granted anticipatory bail subject to certain conditions.

Accordingly, the criminal petition is allowed and the petitioner is granted anticipatory bail in Cr. No. 472/2014 of K.R. Puram Police Station subject to the following conditions:--

"(i) In the event of his arrest in Cr. No. 472/2014 of K.R. Puram Police Station, the petitioner shall be released on bail on his executing a bond for a sum of Rs. 50,000/- with one surety for the likesum to the satisfaction of the Investigating Officer.

(ii) The petitioner shall appear before the IO within four days from today and co-operate with the investigation, as and when required.

(iii) The petitioner shall not tamper with the witnesses or evidence.

(iv) If charge sheet is filed against the petitioner, the petitioner shall appear before the Court regularly without fail."

If any condition is violated, the respondent -State can move for cancellation of the bail.