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Judgment
C.R. Kumaraswamy, J.—This Criminal Petition is filed u/s 438 of Code of Criminal Procedure praying to enlarge the Petitioners on bail in the event of their arrest in Crime No. 205/2011 of H.S.R. Layout Police Station, Bangalore, for the offences punishable under Sections 498A of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.
I have heard the learned Counsel for the Petitioners as well as the learned High Court Government Pleader.
I have perused the FIR. The contents of the FIR discloses that H.S.R. Layout Police have registered a case in Crime No. 205/2011 against accused No. 1-M. Rajendra, accused No. 2-Rathnamma, accused No. 3-Kum. Malini for the offences punishable u/s 498A of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act on the complaint of Soumyashree. It is alleged in the complaint that on 19.8.2010, the complainant married accused No. 1. At the time of marriage, the accused demanded Car. Instead of that, Rs. 2.5 lakhs by way of dowry was given. The accused used to harass the complainant in connection with dowry. That on 17.3.2011, accused Nos. 1 to 3 picked up quarrel with the complainant saying that she has not served food to Malini, that is sister-in-law of the complainant. The complainant''s husband abused her and made her to fall and thereafter he kicked her about 7 to 8 times. Consequently, her pregnancy was terminated. He also demanded dowry of Rs. 2.5 lakhs.
The allegation is against accused No. 1. In so far as accused Nos. 2 to 3 are concerned, there is no specific allegation against them. Normally, u/s 437 of Code of Criminal Procedure woman, sick and infirm are entitled for bail. In this case, accused No. 2 is the mother-in-law and accused No. 3 is the sister-in-law of the complainant. Therefore, accused Nos. 2 and 3 are entitled for bail u/s 437 of Code of Criminal Procedure.
In so far as Petitioner No. 1 is concerned, learned Counsel for the Petitioners has filed a Memo to the effect that he will not press the petition in so far as accused No. 1 is concerned.
In the result, I pass the following;
ORDER
The Criminal Petition as against Petitioner No. 1 is dismissed. The Criminal Petition as against Petitioner Nos. 2 and 3 is allowed conditionally. Petitioner Nos. 2 and 3 are granted with anticipatory bail. The Respondent-Police are directed to release Petitioner Nos. 2 and 3 on bail in the event of their arrest in Crime No. 205/2011 of H.S.R. Layout Police Station on their executing a personal bond for a sum of Rs. 10,000/- each with one surety for the likesum to the satisfaction of the Respondent-Police on the following conditions.
i) Petitioner Nos. 2 and 3 shall not tamper with the prosecution witnesses nor hamper the investigation in any manner.
ii) They shall make themselves available for the Respondent-Police as and when required by them for the purpose of investigation.
iii) They shall not jump bail.
iv) If any of the conditions is violated, the anticipatory bail entails cancellation.
v) Intimate the concerned accordingly.