ORDER

The petitioner/accused No.1 has filed this petition under Section 438 of Cr.P.C., seeking anticipatory bail in the event of his arrest by Chamarajanagar Police Station, in Crime No.4/2023, registered for the offences punishable under Sections 498(A), 504, 506, 323 read with Section 34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act, pending on the file of the Additional Civil Judge (Sr.Dn) & CJM Court, Chamarajanagar District, Chamarajanagar.

2. The allegations of the prosecution disclose that, the complainant was married to petitioner No.1 on 03.09.2006 and out of the said marriage they had two childrens. It is further alleged that, during the marriage sufficient gold ornaments were given in the form of dowry and subsequently, the petitioner started ill-treating the complainant and demanding additional dowry. It is also alleged that, initially she has also submitted a complaint before Chamarajanagar Police Station seeking indulgence to advise her husband and the Police have summoned the petitioner and he was advised, but later on the petitioner again started insisting her to bring the amount for construction of his another house. It is also alleged that on 14.01.2024 at 9.00 A.M., he cornered the complainant and assaulted her. When her brother came there at 2.00 pm., after getting information the petitioner along with his nephew i.e. accused No.2 abused them and threatened.

Hence, the crime came to registered in this regard.

3. On the basis of their complaint FIR came to be registered and apprehending his arrest the petitioner had approached the learned Sessions Judge seeking anticipatory bail. The learned Sessions Judge has granted anticipatory bail to accused No.2 who is the nephew of the petitioner, but rejected the bail petition filed by the present petitioner. Hence, the petitioner is before this Court.

4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader-

Respondent/State. Perused the records.

5. The allegations disclose that the dispute is between the husband and wife and their marriage was solemnized on 03.09.2006. The allegations of the prosecution further discloses that the dispute started in the year 2023 i.e. 17 years after their marriage. They had two children’s aged about 16 years and 13 years and the allegations were that the petitioner is addicted to alcohol drinking and used to physically assault the complainant. The other allegations were that he demanded the amount for construction of the house.

6. Considering the dispute between the husband and wife in my consideration, if the petitioner is taken into custody, it is likely to affect their matrimonial relationship permanently. Further taking into consideration the interest of the minor kids, it is not just and proper to reject the bail petition as there are chances of settlement through mediation. Further the offences alleged are not exclusively punishable with death or life imprisonment and are triable before the learned Magistrate. Hence, the petition needs to be allowed and accordingly, I proceed to pass the following:

ORDER

The petition is allowed.

2. The petitioner/Accused No.1 is directed to be enlarged on bail in the event of his arrest in Crime No.04/2024 of Chamarajanagar Police Station, registered for the offences punishable under Sections 498(A), 504, 506, 323 read with Section 34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act, pending on the file of the Additional Civil Judge (Sr.Dn) & CJM Court, Chamarajanagar District, Chamarajanagar, on his executing personal bond for a sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the Investigating Officer or the concerned trial Court, subject to the following conditions:

(i) Petitioner/accused No.1 shall surrender himself before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of surrender, Investigating Officer/SHO shall