MALISH PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are ranked as accused Nos. 1 to 4 are facing charge for the offence punishable under Sections 323, 504, 506, 498A read with 34 of IPC on the basis of the report submitted by Smt. N. Latha which is under investigation in Crime No. 226/2012. Learned Counsel for the petitioners would submit that the allegations in the complaint only would reveal that the complainant married Sri Mallesh Patil, the 1st petitioner and lived in matrimony. But, there is no material to support the allegation that Rs. 2,00,000/- and 150 gms of gold were received in dowry or that they indulged in acts coming within the mischief of Section 498A of Cr.P.C. He would submit that the allegations are mischievous to falsely implicate all the members of the 1st petitioner's family with ulterior motive. Alternatively, it is submitted that the petitioners would face the trial and will not cause any impediment either in investigation or trial. On this assurance, they seek for grant of anticipatory bail.

(2.) The State has opposed the grant of anticipatory bail.

(3.) A perusal of the complaint registered as FIR and other material would show that the complainant has sought action against the petitioners on the basis of alleged mental and physical cruelty propagated on her within eight days of the marriage and the demand for dowry and persistent demand for dowry. No doubt, the allegations would, if proved, visit the petitioners with punishment, yet considering all the circumstances, I am satisfied that the allegations are not of such a nature as to deprive with liberty if they could bound other conditions sufficient to safeguard her interest. In view of the above, the petition is allowed. Petitioners are admitted to anticipatory bail subject to the following conditions: