Swamy vs State Of Karnataka on 27 June, 2017

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF JUNE 2017

BEFORE

THE HON’BLE MRS. JUSTICE RATHNAKALA

CRIMINAL PETITION No.4058/2017

BETWEEN:

Swamy,
S/o Govindappa,
Aged about 22 years,
R/o Kamanakere Village,
Hirenallur Hobli,
Kadur Taluk,
Chikkamagaluru District. …Petitioner

(By Sri M.R.Hiremathad, Adv.
for Sri Ramakrishna.N, Adv.)

AND:

State of Karnataka,
By Birur Police Station,
Represented by State Public Prosecutor,
High Court Buildings,
Bengaluru – 560 001. …Respondent

(By Sri S. Vishwamurthy, HCGP)

*****
This Criminal petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.62/2017 of Birur Police Station, Chikkamagaluru
2

for the offence P/U/S 143, 498A, 307, 504, 114 R/W
149 of IPC.

This petition coming on for orders, this day, the
court made the following:-

ORDER

Heard the learned counsel for the petitioner and the

learned Government Pleader for the respondent.

2. The petitioner is in custody since 04.04.2017 for

the offences punishable under Section 143, 498-A, 307, 504,

114 R/w 149 of IPC registered by the respondent-police in

their Crime No.62/2017.

3. The allegation is, on the late night of 28.03.2017

in his inebriated condition, the petitioner trespassed into the

house of the victim’s parents and assaulted the inmates of

the house and also his wife who was carrying 8 months

pregnancy. He snatched her mangalya chain and vowed to

finish of her child in the womb. His friend Krishna was with

him during the incident. During the stay of the victim in the

matrimonial home, she was tortured by the husband and in-

laws etc.
3

4. The learned counsel for the petitioner submits

that on the very similar allegation a complaint was lodged by

the brother of the victim on 29.03.2017 which was registered

by the respondent-police in their Crime No.59/2017. Since,

the petitioner and the family members were ordered to be

enlarged on bail in the said case, the present case is filed

only to harass them.

5. Perused the contents of the FIR in both the

cases.

6. There is delay of 4 days in lodging the complaint

as per the complaint. The complainant apprehends that

since the accused having been enlarged on bail in the

previous case, he may risk the life of complainant, child in

her womb and her family members.

7. In the light of the above circumstances, there is

no impediment to allow the petition. Hence, the petition is

allowed. The petitioner is enlarged on bail in crime
4

No.62/2017 of respondent-police subject to following

conditions:

(i) He shall execute a self bond for a
sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one surety for
the likesum to the satisfaction of the
concerned court.

(ii) He shall not approach or threaten
the victim/family members of the
victim directly or telephonically.

(iii) He shall appear before the
respondent-I.O. on every Thursday
during office hours.

Sd/-

JUDGE

PN/-

Leave a Comment

Your email address will not be published. Required fields are marked *