Judgment:
1. The petitioner, who has been arrayed as accused in Crime No.56 of 2012 of Badanavalu Police Station, Mysore District, registered for the offences punishable under Sections 498-A, 503 read with Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, has sought for grant of anticipatory bail.
2. It is the case of the prosecution that this petitioner, along with other accused in this case, who are arrayed as accused 2 to 6, were subjecting the daughter of the complainant to cruelty and harassment on the ground of demand of dowry and they had also driven her out of the house stating that she would not be admitted to the house unless she meets their demand.
3. The learned Counsel appearing for the petitioner submits that all other accused in this case who are arrayed as accused 2 to 6 have been granted anticipatory bail by the learned Sessions Judge and having regard to the allegations made against this petitioner and overact attributed to him he be granted Anticipatory Bail.
4. Per Contra, learned HCGP appearing for the respondent vehemently opposed the relief sought for by the petitioner.
5. The offences alleged against this petitioner and accused 2 to 6 in the case are one under Sections 498-A, 503 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The allegations in the complaint reveals that this petitioner and others were subjecting the complainant’s daughter to cruelty and harassment on the ground of demand of additional dowry and since the same was not meted out, she was driven out of the marital home by threatening with dire consequences that she would not be admitted to the house unless she brings the dowry demanded by them. The learned Sessions Judge while dealing with the application of this petitioner and other petitioners, has granted bail to the other accused but rejected the application of the petitioner on the ground that it may cause prejudice to the case of the prosecution. Having regard to the offences alleged and the punishment provided, I do not find any justification to decline the request of the petitioner.
6. In the result, for the foregoing reasons, I proceed to pass the following order.-
ORDER
(i) Criminal petition is allowed.
(ii) The petitioner in the event of his arrest in Crime No.56 of 2012 of Badanavalu Police Station, the said police are directed to release him on bail on his executing a personal bond in a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the said police, subject to the following conditions.-
(a) he shall appear before the Badanavalu Police Station, on or before 15-5-2012 for the purpose of his arrest and release.
(b) He shall not tamper with the prosecution witnesses.
(c) He shall make himself available to the police as and when required for the purpose of investigation.