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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF OCTOBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION No.5003/2020

BETWEEN:

1. Rajesh Kumar Naik

S/o Balarama Naik
Aged about 29 years
Occ: Police Constable (APC 18123)
City Armed Reserve North,
Hedge Nagar, Bengaluru-560 077
R/at Police Quarters
City Armed Reserve North
Hedge Nagar, Bengaluru-560 077.

2. Balaram Naik
S/o Jagane Naik
Aged about 58 years
R/at Police Quarters
City Armed Reserve North
Hedge Nagar, Bengaluru-560 077.

3. Smt. Lakshmi Bai

W/o Balaram Naik
Aged about 48 years
Occ: Home Maker
R/at Police Quarters
City Armed Reserve North
Hedge Nagar, Bengaluru-560 077.
…Petitioners
(By Sri M.R.Balakrishna, Advocate)
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AND:

1. The State by
Kothnur Police Station
Represented by State Public Prosecutor
High Court Building
Bengaluru-560 001.

2. The Station House Officer

Kalyana Durga Rural Police Station
Ananthapuram District
State of Andhra Pradesh-515 761.
…Respondents
(By Sri Mahesh Shetty, HCGP)

This Criminal Petition is filed under Section 438 of

Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.236/2020 of
Kalyanadurga Police Station, Ananthapuram District,
Andhra Pradesh for the offences punishable under Section
498A r/w Section 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act.

This Criminal Petition coming on for Orders ‘through

Video Conference’, this day, the Court made the
following:-

ORDER

This petition has been filed by the petitioners-

accused Nos.1 to 3 under Section 438 of Cr.P.C. seeking

for grant of transit anticipatory bail in Crime No.236/2020

of Kalyanadurga Police Station, Ananthapuram District,

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Andhra Pradesh, for the offences punishable under

Sections 498A r/w Section 34 of Indian Penal Code.

2. I have heard the learned counsel Sri.Balakrishna

M.R. for the petitioners-accused virtually and the learned

High Court Government Pleader Sri.Mahesh Shetty for the

respondent-State.

3. The gist of the case of the prosecution is that

petitioner-accused No.1 got married with defacto

complainant on 25.2.2020 and thereafter the petitioner-

accused, mother-in-law and father-in-law used to ill-treat

and harass and have also demanded to bring Rs.5 lakhs

and 4 Tolas of gold and later she has been sent to her

parental house. On the basis of the complaint a case has

been registered.

4. It is the submission of the learned counsel for the

petitioners-accused that there are no serious allegations

made as against the petitioners-accused for having ill-

treated and harassed. It is his further submission that the

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petitioners-accused apprehends that if they go and appear

before the police, they may be apprehended and they may

be harassed and kept in prison. It is his further

submission that in view of pandemic Covid-19 they are

unable to travel to Andhra Pradesh to seek anticipatory

bail and if the transit anticipatory bail is granted, they will

go and appear before the concerned police. It is his further

submission that the alleged offences are not punishable

with death or imprisonment for life. They are ready to abide

by the conditions that may be imposed by this Court and

ready to offer the sureties. On these grounds he prayed to

allow the petition and to release the petitioners-accused

Nos.1 to 3 on transit anticipatory bail.

5. Though the present petition has been strongly

objected by the learned High Court Government Pleader,

on perusal of the contents of the complaint and other

allegations, the alleged offences are not punishable with

death or imprisonment for life. In that light, I am of the

considered opinion that, if a limited period transit

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anticipatory bail is granted, then it is going to meet the

ends of justice.

6. In that light, petition is allowed. The petitioners-

accused Nos.1 to 3 are ordered to be released on transit

anticipatory bail for a period of two months from today in

the event of their arrest in Crime No.236/2020 of

Kalyanadurga Police Station, Ananthapuram District,

Andhra Pradesh, for the offences punishable under

Sections 498A r/w Section 34 of Indian Penal Code,

subject to the following conditions:

i. Each of the petitioners shall execute a

personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs Only) with two sureties
for the likesum to the satisfaction of the
Investigating Officer.

ii. They shall surrender before the Investigating

Officer within 30 days from today, failing
which this order automatically stands
cancelled.
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iii. They shall not tamper with the prosecution

witnesses directly or indirectly.

iv. They shall appear before the Investigating

Officer as and when required and co-operate
for investigation.

Sd/-
JUDGE

*AP/-