SHRAVANKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.41/2022 of City Women Police Station, Kalaburagi, pending on the file of I Additional JMFC & Civil Judge, Kalaburagi, registered for the offences punishable under Ss. 498(A), 323, 504, 506, 307 read with Sec. 34 of Indian Penal Code (for short 'IPC ') and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'D.P.Act') on the basis of the first information lodged by the informant-Lakhan.

(2.) Heard Sri. Santhosh Patil, learned counsel for the petitioner and Sri. Gururaj V Hasilkar, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is arrayed as accused No.1. He has been falsely implicated in the matter without any basis. He was apprehended on 10/5/2022 and since then, he is in judicial custody. He is the husband of the injured/victim. Accused Nos.2 to 4 are the family members of the present petitioner. They are already granted anticipatory bail. The informant being the brother of the injured/victim, filed false complaint making false allegations against the petitioner and his family members. Sec. 307 of IPC is not at all attracted to the facts of the case. It is alleged that the petitioner and his family members demanded additional dowry and ill-treated the injured/victim and also tried to cause her death by strangulating her neck. The medical records of the victim discloses that she tried to commit suicide by hanging and this petitioner rescued her and shifted to the hospital. Therefore, there is absolutely no material to invoke the penal provisions as stated above. Under such circumstances, detention of the petitioner in custody would amount to pre-trial punishment. He is the permanent resident of the address mentioned in the cause-title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.