RAGHAVENDRA V. (A-1) Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner. The petitioner is said to be a student of Law and has been alleged of having committed offences punishable under Sections 498-A, 506 and 314 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC' for brevity). It is alleged that the petitioner had married one Divya on 18.10.2010 and that he was provided with a large dowry. The petitioner and his mother were not satisfied with the same and were constantly harassing the complainant for more dowry and this had led to ill-treatment, wherein it is alleged that at one point of time when the complainant was pregnant with a child, the petitioner had consumed liquor and in a drunken state, had kicked her in the abdomen, causing a miscarriage. This is one instance that is cited against the petitioner in making the allegations for offences punishable under the aforesaid sections.

(2.) THOUGH the petitioner and his mother had approached the court below seeking anticipatory bail, the court having granted bail to his mother, has refused bail to the present petitioner. It is to be noticed that the Apex Court, in the case of K. Srinivas Rao vs. D.A. Deepa 2013 AIR SCW 1396), has taken note of the fact that there are a large number of matrimonial disputes all over the country and has issued general guidelines as to how such matters, involving offences of the nature that are alleged in the present case on hand, ought to be dealt with, and one of the directions is that, a court dealing with an offence punishable under Section 498-A IPC, ought to, in the first place, refer the parties to mediation and ensure that the matter is amicably settled. Therefore, the petitioner being a young man who is about to complete his Law Degree, would face the prospect of ruining his career even before it is launched, and his wife also being a young woman, ought not to be driven into a state of misery on account of the present case escalating into more litigation. Keeping in line with the guidelines issued by the Apex Court, the petitioner is directed to appear before the court below and surrender himself. The court below shall thereafter proceed in terms of the guidelines issued by the Apex Court in the case of K. Srinivas Rao supra, without remanding the petitioner to judicial custody, as would be the normal course in respect of cases where allegations of such offences are made. With that direction, the petition stands disposed of.