Judgment:
1. In this petition filed under Section 438 Cr.P.C., the petitioner who has been arrayed as accused No. 1 in Crime No. 105/2011 of Thymagondlu Police Station registered for the offences punishable under Sections 324, 498-A, 506 r/w 149 of IPC and Sections 3 and 4 of the D.P. Act, has sought for relief of anticipatory bail, apprehending his arrest by the respondent - police in connection with the aforesaid case.
2. The petitioner is the husband of the complainant Smt.Indira. According to the case of the prosecution, the complainant lodged report at about 4 30 p.m. on 22.12.2011 about an incident of assault on her said to have occurred at about 3.00 a.m. on 18.12.2011 in her matrimonial home. According to the allegations made in the complaint, her husband, parents-in-law and other relatives of her husband subjected her to cruelty and harassment by coercing her to bring further dowry of Rs.3 lakhs and also on account of the fact that she had delivered a female child and at about 3.00 a.m. on 18.12.2011. she was severely assaulted and thrown out of the matrimonial home. After coming to know of the registration of the case, the petitioner along with other accused persons filed petition before the learned Sessions Judge under Section 438 Cr.P.C, However, the prayer made by this petitioner came to be rejected while other accused persons were granted relief of anticipatory bail by the learned Sessions Judge Therefore, the petitioner is before this Court.
3. The petition is opposed by the respondent -Police.
4. Admittedly, the petitioner has been accused of having committed non-bailable offences. Therefore, his apprehension that he is likely to be arrested is well founded. The allegations made in the complaint is similar against all the accused persons since according to the complainant her husband, parents-in-law, brother-in-law and sister-in-law assaulted her at about 3.00 a.m. on 18.12.2011 and threw her out of the matrimonial home and all of them subjected her to cruelty and harassment. Admittedly, the other accused persons have been granted bail by the learned Sessions Judge, Having regard to the allegations made in the complaint, in my opinion, the petitioner stands on the same footing as that of the other accused persons. Though the incident of assault is said to have occurred at 3.00 a.m. on 18.i2.201 1, complaint appears to have been lodged at about 4.30 p.m. on 22.12.2011. Perusal of the case file made available would indicate that the complainant got herself admitted in General Hospital at Tumkur on 18.12.2011 with history of assault and discharged on 19.12.2011. She said to have sustained some soli tissue injuries. Having regard to the facts and circumstances of the case and the materials available on record at this stage, I am of the opinion that the petitioner is entitled for the relief of anticipatory
5. In the result, the petition is allowed. The respondent - Thyamagondlu police are directed to release the petitioner herein on bail, in the event of his arrest in connection with Crime No. 105/11 on his executing a personal bond for a sum of Rs.50,000/-with one surety for the like-sum to the satisfaction of the Investigating Officer and subject to the following conditions that.
i) On such arrest and release, the petitioner shall appear before the Investigating Officer as and when so required and co-operate in the investigation of the case and
ii) The petitioner shall not indulge in any acts similar to the one alleged in the case.