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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JANUARY, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.185 OF 2021

C/W.

CRIMINAL PETITION NO.208 OF 2021

IN CRL.P.NO.185/2021:

BETWEEN:

SMT. KOMALA M.,

W/O. LOKESH REDDY A.G.,

AGED ABOUT 45 YEARS,

RESIDING AT NO.111, 2^ND CROSS,

3^RD MAIN, L.B.SHASTRY NAGAR,

BENGALURU-560068.

... PETITIONER

[BY SRI. MURTHY B. NAIK AND SRI. AKASH V.T., ADVOCATES]

AND:

STATE OF KARNATAKA

BY HAL POLICE STATION,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENGALURU-560001.

... RESPONDENT

[BY SRI. DIVAKAR M. MADDUR, HCGP]

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.301/2020 OF HAL POLICE STATION, BENGALURU CITY, FOR

THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 420, 494,

495, 327, 324, 114, 506, 307 READ WITH 34 OF IPC AND

SECTIONS 3 AND 4 OF THE D.P. ACT.

* * *

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IN CRL.P.NO.208/2021:

BETWEEN:

SRI. BHARATH L.,

S/O. LOKESH REDDY A.G.,

AGED ABOUT 30 YEARS,

RESIDING AT NO.111, 2^ND CROSS,

3^RD MAIN, L.B.SHASTRY NAGAR,

BENGALURU-560068.

... PETITIONER

[BY SRI. MURTHY B. NAIK AND SRI. AKASH V.T., ADVOCATES]

AND:

STATE OF KARNATAKA

BY HAL POLICE STATION,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENGALURU-560001.

... RESPONDENT

[BY SRI. DIVAKAR M. MADDUR, HCGP]

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.301/2020 OF HAL POLICE STATION, BENGALURU CITY, FOR

THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 420, 494,

495, 327, 324, 114, 506 AND 307 READ WITH 34 OF IPC AND

SECTIONS 3 AND 4 OF D.P. ACT.

* * *

THESE CRIMINAL PETITIONS COMING ON FOR ORDERS,

THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

Crl.P. No.185/2021 is filed by accused No.2 and Crl.P.

No.208/2021 is filed by accused No.1. Both these petitions

are filed under Section 439 of Cr.P.C., praying to enlarge the

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petitioners on regular bail in Crime No.301/2020 registered at

HAL Police Station, Bengaluru, for offences punishable under

Sections 498-A, 420, 494, 495, 327, 324, 114, 506, 307 r/w

34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

2.

Heard the learned counsel for petitioners and the

learned HCGP for respondent/State.

3.

The first informant is one Shravani, wife of

accused No.1. In her complaint, she has stated that she got

married to accused No.1 on 29.10.2020 and on that day since

he had consumed alcohol, she did not allow him to touch her.

Even on 30.10.2020 as he was under the influence of alcohol,

she did not allow him to touch her. Thereafter, her husband

and her mother-in-law tried to perform black-magic by

spraying ash on her face and also keeping lemon pieces on

her head and also asking her to eat the rice mixed with ash.

It is alleged that if she resisted, they used to beat her etc.

Further, on 19.11.2020, at around 7.00 a.m., both of them

were discussing that the complainant should be finished and

at about 8.30 a.m., they tried to perform black-magic once

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again and they pulled her hair and attempted to throttle and

also assaulted her using an iron rod etc.

4.

The

learned

counsel

appearing

for

accused/petitioners has contended that the entire allegations

are false. The complaint is lodged after an inordinate delay.

He submits that the complainant has consulted a private

doctor and took treatment as an out-patient and she has not

sustained any injuries. He further contends that even

according to the prosecution, there are no medical records to

corroborate the version of the complainant. He submits that

accused No.3 is already granted anticipatory bail. He further

submits that petitioner/