1. This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail, in the event of their arrest in respect of Crime No.85/2022 registered by K.R. Pet Rural Police Station, Mandya, for the offence punishable under Sections 323, 324, 498-A and 313 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that the marriage of the complainant was solemnized with her husband i.e., accused No.1 on 25.11.2021 at Holenarasipura Town and thereafter, she has joined the matrimonial home. It is an allegation that, all the family members demanded Rs.2 lakhs stating that they have not given the cash of Rs.2 lakhs and they cannot simply provide food and told her to leave the house and the husband of the complainant also burnt her with cigarette on her right leg. It is also her claim that she was also pregnant and her husband, mother-in-law, father-in-law and sister-in-law administered tablet for termination of pregnancy and her husband also assaulted with pillow, harassed her and made an attempt to commit murder. When the parents and relatives came to the house on 17.03.2022, all of them have assaulted her parents and relatives and insisted to pay the balance amount of Rs.2 lakhs and she was also subjected to assault and hence, she took the treatment in Holenarasipura Hospital. Hence, complaint is given and the police have registered the case.
4. Learned counsel for the petitioners would submit that a false case has been registered against the petitioners herein and all the family members are roped in the case and though an allegation is made that accused No.1 caused burn injury with cigarette, no material is placed before the Court and according to the complainant, the incident has taken place on 18.03.2022 and the complaint was given on 18.04.2022 and there is a delay of one month in lodging the complaint. Hence, the petitioners may be enlarged on bail.
5. Per contra, learned High Court Government Pleader for the respondent-State would submit that, though the alleged incident has taken place on 18.03.2022, immediately, she went to the hospital, wherein they have collected Rs.200/- towards MLC charges and no documents to the effect that she has sustained burn injuries, except the photograph shown to the Court.
6. Having heard the respective counsel and also on perusal of the material available on record, taking note of the fact that the marriage was solemnized on 25.11.2021 and within a span of 6 months, allegation is made subjecting her for dowry harassment demanding Rs.2 lakhs and Section 313 of IPC is also invoked with regard to forcible administration of tablet for termination of pregnancy by her husband, mother-in-law, fatherin-law and sister-in-law. Having taken note of the fact that there was a delay in lodging the complaint and apart from that, considering the allegation made in the complaint and also the fact that marriage has taken place in the month of November, 2021 and within a span of 6 months, alleged allegation is made and the offences are also not punishable with death or imprisonment for life, it is a fit case to exercise the powers under Section 438 of Cr.P.C. in favour of the petitioners, subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-
ORDER
The petition is allowed. Consequently, the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.85/2022 registered by K.R. Pet Rural Police Station, Mandya, for the offence punishable under Sections 323, 324, 498-A and 313 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions:-
(i) The petitioners shall surrender themselves 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/- (Rupees Two Lakhs only) each with two sureties each for the likesum to the satisfaction of the concerned Investigating Officer.
(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for.
(iv) The petitioners 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 petitioners shall mark their 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.
