BEFORE THE PRL.

DISTRICT AND SESSIONS JUDGE, DISTRICT

COURT COMPLEX AT: CHIKKABALLAPURA
(Memorandum of Application under section 438 of
Code of Criminal Procedure)

IN

CRL. MISC. No. /2023

BETWEEN:

RAM KUMAR & ORS. …. PETITIONER

AND:

STATE OF KARNATAKA,
BY CHIKKABALLAPURA POLICE STATION …. RESPONDENT

INDEX

SL. DESCRIPTION PAGE

NO. NO.

1. Memorandum of Anticipatory Bail application 2-7

under section 438 of criminal procedure code

2. DOCUMENT NO. 1: Certified Copy of FIR 8-13

3. DOCUMENT NO. 2: Certified Copy of Complaint 14-17

4. DOCUMENT NO. 3: Copy of Aadhar card of the 18-20

petitioners

9. VAKALATNAMA 21

10. PROCESS MEMO WITH RESPONDENT’S COPY

PLACE: CHIKKABALLAPURA

DATE: 11/01/2023 ADVOCATE FOR PETITIONERS

 BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE, DISTRICT
COURT COMPLEX AT: CHIKKABALLAPURA
(Memorandum of Application under section 438 of
Code of Criminal Procedure)

IN

CRL. MISC. No. /2023

BETWEEN:

1. Ramkumar Senkottaiyan,
S/o. Senkottaiyan,
Aged about 34 years,
R/at: No. 6/104 Mettu Street,
Magudanchavadi, Eranapuram
Salem, Tamil Nadu - 637103 … PETITIONER NO. 1/
ACCUSED NO. 1

2. Senkottaiyan Kandhasamy,
@ Vikramadithya
S/o. Kandhasamy,
Aged about 67 years,
R/at: No. 6/104, Mettu Street,
Magudanchavadi, Eranapuram
Mac Donalds Choultry,
Salem, Tamil Nadu - 637103 … PETITIONER NO. 2/
ACCUSED NO. 2

3. Seeragayi Senkottaiyan,
W/o. Senkottaiyan Kandhasamy,
Aged about 60 years,
R/at: No. 104 Mettu Street,
Magudanchavadi, Eranapuram
Salem, Tamil Nadu - 637103 … PETITIONER NO. 3/
ACCUSED NO. 3

AND:

State of Karnataka,
by Chikkaballapura PS,
Chikkaballapura,
Represented by the
Public Prosecutor … RESPONDENT /
COMPLAINANT

APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 438

OF THE CODE OF CRIMINAL PROCEDURE, 1974.

The petitioner named above most humbly submits as follow:

1. The address of the petitioner for the purpose of service of court

notices, summons, etc., from this Hon’ble Court is as mentioned in

the cause title and that of their counsels S.V. Vadavadagi, Y.V.
 Vadavadagi, Poonam D.N., Tushar Vadavadagi, is VADAVADAGI &

PARTNERS, having their offices at #23/1, 2nd Floor,

Sheshadripuram, 1st Main Road, Above PM Jan Aushadhi Kendra,

Bangalore - 560020.

2. On the information given by one S. Ramya W/o. Ramkumar

Senkottaiyan, The respondent police on 24/11/2022 have registered

an FIR in Crime No. 122/2022 against the petitioners and others

for the offense punishable under sections 323, 343, 504, 506, 498 A

and 149 of I.P.C., r/w sections 3, 4 of D.P. Act.

3. It is stated in the complaint the marriage between the complainant

and the Petitioner No. 1 was solemnized on 03/06/2022 at Arul Migu

Mariyammana Thirukovil Kalyan Mantap as per Hindu customs and

traditions. At the time of marriage, the parents of the complainant

had given one gold bracelet weighing 30 gms, 3 gold rings weighing

24 Grams, one gold chain weighing 40 grams, clothes and coats,

house items worth 3 lakhs rupees and 2 lakhs cash as dowry. The

Complainant was given 500 grams gold, clothes and saree.

4. It is alleged that the Complainant and the Petitioner No. 1 were

living cordially for 15 days after marriage. After 15 days, the

petitioner No. 2 and 3 and the brother-in-law and his wife i.e.,

Bharatiraj and Gomati and Amburaj and Latha and their relatives

Tanguraj, Meghala, Subramani, Shankar Vairamani (hereinafter

referred to as “Relatives”) have bad-mouthed about the complainant

to the petitioner No. 1 and have also told him that his father-in-law

is rich and has a business, and induced him to take money from his

father-in-law through the complainant for his clothing store.

5. It is alleged that listening to their words the petitioner No. 1 has

asked the complainant to get Rs. 50 Lakhs from her father, which

the complainant denied as her father was in a difficult situation

 financially. The complainant started facing harassing mentally and

physically and when the complainant informed the same to

petitioner no. 1, he did not support the complainant. It is further

alleged that there would be fights every day at home in this regard.

The petitioner no. 2, 3 and the relatives snatched her phone and

locked her in a room for 15 days and demanded 50 Lakhs from her

father. When the complainant denied doing the above, the

petitioners and relatives threw her out of the house around 11 PM

after which the complainant stayed in the kalyan mantap in which

her marriage had taken place and from there she went to bus stand

at 5’o Clock in the morning and took a bus to Salem and in Salem

her father came to Salem and took her.

6. When the complainant was residing at her parents’ house the

accused persons have called her and again demanded Rs. 50 Lakhs.

When the complainant mentioned that her father does not have

money, the accused person has again abused her.

7. It is alleged that the complainant informed the accused persons that

her parents are going to Tirupati and knowing that the complainant

would be alone at home, the Petitioner no. 2, 3 and relatives have

visited the house of the complainant and asked her to get dowry and

hit her and threatened her saying that if she does not get the

amount in 15 days they will get petitioner no. 1 to divorce her and

get him remarried.

8. The complainant had not informed about the said incident to her

father and her family members, and the father of the complainant

was informed about the incident by complainant’s sister’s husband

and on 10-10-2022 the complainant has informed her father when

he enquired about the incident and since there was a delay the
 complainant’s father has took her and lodged the complaint on

24/11/2022.

9. After registering the complaint, the respondent police have sent

Police Notice to the Petitioners and others. Fearing arrest by the

respondent police, the Petitioners have approached this Hon’ble

Court seeking the relief of anticipatory bail under section 438 of

I.P.C. on following grounds.

10. The petitioner is innocent of commission of the offences alleged and

they have been falsely implicated as accused in the case for

extraneous reasons with oblique motive, the charges levelled

against them are denied as false.

11. The allegations in the complaint are false, vague, and baseless. The

Hon’ble Supreme Court in landmark judgments have held that in-

laws and relatives of the husband should not be made accused in a

mechanical manner based on omnibus allegations.

12. It is submitted that the ingredients of the offenses alleged against

the petitioners are not made out in the complaint. Even if the entire

case of the prosecution is accepted on its face value, the offences

alleged are not exclusively punishable by a sentence of either death

or by life imprisonment. Therefore, the petitioner may be granted

the relief of Anticipatory Bail. Admittedly there is a delay in lodging

of the complaint and no explanation is provided for the same.

13. The complainant demanded that the petitioner no. 1 move out of his

house and make a separate house for her. The complainant has

refused to engage with Petitioners no. 2 and 3. The complete

irreverence of the complainant towards the petitioner no. 1’s family

members caused problems. Despite the same the petitioner and his

parents have adjusted to the needs of the complainant and were

hopeful that the complainant will eventually adjust to the marital

 life. However, the complainant has failed to live in a marital

relationship successfully.

14. The father of the complainant is a very influential person and is a

senior person in politics. Complainant therefore found it very difficult

to adjust to the marital obligations in husband’s home. Therefore,

when the petitioner no. 1 expressed his inability and undesirability

to move out and live separate from his parents, the complainant has

on her own moved back to her parents’ home and refused to come

back. Using the influence of her father, the complainant has hatched

this false case and registered this false complaint against the

petitioners and his relatives.

15. The petitioners are respectable citizens having deep roots in the

society with both movable and immovable property in their place of

residence. The petitioners are permanent residents of Tamil Nadu

and have no bad antecedents.

16. The petitioners will not abscond and will not tamper with the

prosecution witnesses and will abide by all the reasonable conditions

that may be imposed in the circumstances of the case.

17. If this Hon'ble Court is pleased to grant the petitioners an order of

Anticipatory bail, the petitioner will not abscond and not tamper with

the prosecution witnesses. The Petitioner will offer adequate sureties

for their due appearance before the Hon'ble Magistrate.

18. No similar petition is pending either before this Hon’ble Court or

before any other Court by this petitioner with respect to the above

case. Hence there is no legal impediment for this Hon’ble Court to

enlarge them on anticipatory bail.

19. If this Hon’ble Court is not pleased to enlarge him on bail, he will

suffer irreparable loss and great hardship.

 WHEREFORE, the Petitioner herein prays that this Hon’ble

Court may be pleased to pass an order, enlarging them on

Anticipatory bail under Section 438 of Cr.P.C. for the offences

punishable under 323, 343, 504, 506, 498 A and 149 of I.P.C., r/w

sections 3, 4 of D.P. Act in Crime No. 122/2022 registered with

Chikkaballapura Women PS and pending on the file of Prl. Civil

Judge (Sr.Dn.) & C.J.M., Court, Chikkaballapura Dist.,

Chikkaballapura, to meet the ends of justice.

PLACE: CHIKKABALLAPURA

DATE: 11/01/2023 ADVOCATE FOR PETITIONER