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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF DECEMBER, 2018

BEFORE

THE HON'BLE MR. JUSTICE H. P. SANDESH

CRIMINAL PETITION NO.9561 OF 2018

Between:

M.Justin Samson,

S/o Manoah

Aged about 38 years

R/at Joy-Prayer House,

No.38, Guru Reddy Layout,

Akash Nagar, A.Narayanapura,

Dooravani Nagar Post,

Bengaluru-560 016.

…Petitioner

(By Sri.Hashmath Pasha, Senior Advocate for

Sri.Syed Muzakkir Ahmed, Advocate)

And:

State of Karnataka by:

Mahadevapura Police Station,

Bengaluru.

...Respondent

(By Sri.Divakar Maddur, HCGP)

This Criminal Petition is filed under Section 439 of

Cr.P.C. praying to enlarge the petitioner on bail in Crime

No.578/2018 of Mahadevapura Police Station, Bengaluru

City for the offence punishable under Sections 498A,

420, 468, 471 read with Section 34 of IPC and Sections 3

and 4 of Dowry Prohibition Act.

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This Criminal petition coming on for Orders this

day, the Court made the following:-

O R D E R

Heard the arguments of learned counsel for the

petitioner and learned HCGP.

2.

The contention of the petitioner is that police

have registered a case against this petitioner and other

five persons in Crime No.578/2018 for the offences

punishable under Sections 498A, 420, 468, 471 read

with Section 34 of IPC and Section 3 and 4 of Dowry

Prohibition Act.

3.

Further, he contends that the marriage of the

petitioner and the complainant was solemnized on

28.09.2014 in Frazer Town Church as per Christian

tradition and customs. It is alleged that at the time of

marriage, as per demand Rs.5,00,000/- and jewels were

given as dowry and after the marriage complainant

resided in the house of the husband for only three

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months in Bengaluru. Thereafter, the petitioner, who was

working in Malaysia as Lecturer in the College, went

back to Malaysia after three months of marriage along

with the complainant. Thereafter, the other accused are

also said to have gone to Malaysia as tourists for a period

of one month and returned back. The complainant

continued to reside in Malaysia with her husband till

2016 for a period of two years and thereafter, returned

back to India.

4.

In

the

meanwhile,

petitioner

got

fresh

appointment in Qatar Country. Therefore, he went to

Qatar from Malaysia and started working there. In the

year 2016, the petitioner came to Bengaluru and got

examined

the

complainant

medically

because

her

pregnancy was not sustaining. Since, the petitioner went

back to Qatar, the complainant went back to her parents

house and started to reside there. Since, the petitioner

did not maintain her nor sent money to her for

maintenance and since he had asked her for divorce and

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go away, the complainant filed a complaint before

Mahadevapura Police on 11.11.2017, upon which NCR

No.942/2017 was registered. Thereafter, again on

25.08.2018, she lodged one more complaint before

Women Police Station, East zone, Bengaluru, which is

also registered in NCR No.420/2018.

5.

The petitioner returned from Qatar Country to

Bengaluru on 03.11.2018 and resided with his parents.

Since, complainant-wife had lodged a complaint in

Mahadevapura Police Station, Bengaluru and also

Women Police Station, East Zone, Bengaluru, which was

registered in NCR, the Police had called him for enquiry.

Then, the petitioner explained as to how the complainant

has not led the marital life with him. Therefore, they

applied for decree of divorce before the Hon’ble IV

Additional

Family

Court,

Bengaluru

in

M.C.No.5408/2016 by raising various grounds including

the ground that she is suffering from HIVS and has

produced various medical records in this regard. The

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Family Court after hearing the arguments of both the

parties and on considering the relevant materials on

record, dismissed the divorce petition filed by