The court held that the petitioner is entitled to regular bail as the allegations against him are similar to those against accused Nos.2 and 3, who have already been granted bail, and the petitioner has no criminal antecedents.

1.

Accused in S.C.No.418/2022 pending before the

Court of V Addl. District and Sessions Judge, Mysuru, arising

out of Crime No.154/2022 registered by Hunusur Town Police

Station, Mysuru District for the offences punishable under

Sections 498A, 304B and 34 of IPC and Sections 3, 4 and 6 of

the Dowry Prohibition Act, 1961, is before this Court under

Section 439 of Cr.P.C.

2.

Heard the learned counsel for the parties.

3.

FIR in Crime No.154/2022 was registered by

Hunusur Town Police Station, Mysuru District against the

petitioner and others for the aforesaid offences. During the

course of investigation of the case, petitioner was arrested on

10.08.2022. Investigation in the case is complete and charge

sheet has been filed. His bail application filed before the Court

of V Addl. Sessions Judge, Mysuru in Crl.Misc.No.1772/2022

was dismissed on 07.09.2022. Therefore, he is before this

Court.

4.

Learned counsel for the petitioner having reiterated

the grounds urged in the petition submits that the evidence of

- 3 -

material witnesses has been completed in the trial Court.

Accused Nos.2 and 3 are granted regular bail by trial Court

after the evidence of material witnesses was completed.

Petitioner,

who

had

earlier

approached

this

Court

in

Crl.P.No.5641/2023 had withdrawn the same as not pressed

with

liberty

to

file

a

fresh

bail

petition

on

changed

circumstances. Accordingly, he prays to allow the petition.

5.

Per contra, learned HCGP has seriously opposed the

bail petition.

6.

Charge sheet in the present case is filed against the

accused, his parents and relative for the alleged offences. After

charge sheet was filed, bail application filed by all the three

accused before the Court of learned Sessions Judge in

Crl.Misc.No.1772/2022

was

rejected

by

order

dated

07.09.2022. Thereafter, parents who were arraigned as

accused

Nos.2

and

3

had

approached

this

Court

in

Crl.P.No.95/2023. The same was dismissed as withdrawn by

them. The bail application filed by petitioner subsequently in

Crl.P.No.5641/2023 was also withdrawn as not pressed with

liberty to file a fresh bail petition on changed circumstances.

- 4 -

After the bail petition was withdrawn by the petitioner, the trial

in the case has commenced and material witnesses have been

examined before the trial Court as PWs 1 to 4. After the

evidence of material witnesses was recorded, accused Nos.2

and 3 had filed bail application before the Trial Court in

S.C.No.418/2022 and their bail application has been allowed on

04.11.2023. The allegations made as against the petitioner and

accused Nos.2 and 3 in the charge sheet are almost similar.

Petitioner is in custody from 10.08.2022. Undisputedly, he has

no criminal antecedents. Under the circumstances, I am of the

opinion that the prayer made by the petitioner for grant of

regular bail is required to be answered in the affirmative.

7.

Accordingly, the petition is allowed. The petitioner is

directed to be enlarged on bail in S.C.No.418/2022 pending

before the Court of V Addl. District and Sessions Judge,

Mysuru, arising out of Crime No.154/2022 registered by

Hunusur Town Police Station, Mysuru District for the offences

punishable under Sections 498A, 304B and 34 of IPC and

Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961, subject

to the following conditions:

- 5 -

a)

Petitioner shall execute personal bond for a

sum of Rs.1,00,000/- with two sureties for the

likesum, to the satisfaction of the jurisdictional

Court;

b)

The petitioner shall appear regularly on all the

dates of hearing before the Trial Court unless the

Trial Court exempts his appearance for valid

reasons;

c)

The petitioner shall not directly or indirectly

threaten or tamper with the prosecution witnesses;

d)

The petitioner shall not involve in similar

offences in future;

e)

The petitioner shall not leave the jurisdiction

of the Trial Court without permission of the said

Court until the case registered against him is

disposed off.

Sd/-

JUDGE

DN