Mr Rajendra Gowda vs The State Of Karnataka on 26 July, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF JULY, 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.803/2017

BETWEEN :

Mr.Rajendra Gowda
S/o B.H.G.Goudar
Aged about 35 years
No.99/1-1, 1st Floor
Basaveshwara Layout
3rd Cross, Vijayanagar,
Bangalore-560 040.
…Petitioner
(By Sri Chetan B.Angadi, Adv.)

AND :

The State of Karnataka
Represented by the State Public Prosecutor
The Vijayanagar Police Station
Bangalore.
…Respondent
(By Sri Chetan Desai, HCGP)

This Criminal Petition is filed under Section 438 of the
Cr.P.C praying to enlarge the petitioner on bail in the event of
his arrest in Crime No.271/2016 of Vijayanagara Police
Station, Bangalore for the offence punishable under Section
498(A) of Indian Penal Code.
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This Criminal Petition coming on for orders this day, the
Court made the following:-

ORDER

Petitioner apprehends arrest by the respondent-police in

Crime No.27/2016 registered in respect of the offence

punishable under Section 498A of IPC.

2. It is alleged by the complainant that his daughter

Ambika Sidegal was married to the petitioner on 21.8.2012.

Deceased was working as an Engineer in a private company.

She was tortured in the matrimonial house by her husband

and in-laws. In this regard a complaint was lodged in

Hulimavu Police Station which is transferred to the

jurisdictional Police at Vijayanagar Police Station. The

deceased had taken treatment in Fortis Hospital for viral

fever. Thereafter she could not recover. While the brother of

the deceased went to her house he found her in unconscious

condition. She was admitted to the hospital and died while on

treatment. She has left behind a death note alleging that she

was tortured by her husband and in-laws.
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3. Learned counsel for the petitioner submits that as per

death summary given by the Fortis Hospital, she died because

of viral syndrome; super refractory status epilepticus; sepsis

septic shock; multi-organ failure. Three months after the

death, complaint is lodged without explaining the delay.

Petitioner apprehends harassment by the police. He is taking

care of the two years’ old child born out of the wedlock. He

will surrender before the concerned Police Station and

participate in the proceedings if anticipatory bail is granted for

a limited period.

4. As observed from the records, initially the complaint

was lodged in Hulimavu Police Station and after obtaining

legal opinion, case was registered for the offence punishable

under Section 498A of IPC. Spot mahazar was also

conducted and thereafter case is transferred to the

respondent-police on jurisdictional point. In the given facts

and circumstances of the case, there is no impediment to

allow the petition.

Petition is allowed.

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The petitioner is granted anticipatory bail for a period of

three weeks. Within the above period of three weeks, the

petitioner shall surrender before the concerned Court and

move for regular bail. Till the disposal of the bail petition, this

order will be in force. In the event of his arrest by the

respondent-police within the above period, he shall be

released on bail on executing a self bond for Rs.50,000/-

(Rupees fifty thousand only) with one local surety for the like

sum.

Sd/-

JUDGE

*ck/-

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