IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2017
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION No.5248 OF 2017
S/o Late Nagesha,
Aged about 28 years,
R/o Mallappana street,
Chikkamagalur District – 565 201.
(By Sri. K. Prasanna Shetty, Advocate)
State by Sringeri Police,
Special Public Prosecutor,
High Court of Karnataka,
Bengaluru – 560 001. …Respondent
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
Crime No.58/2017 of Sringeri Police Station,
Chikkamagaluru District, for the offences punishable
under Sections 498A, 376J of IPC.
This Criminal Petition coming on for Orders day,
the court passed the following:
Heard the learned counsel for the petitioner and
the learned High Court Government Pleader for the
2. The petitioner is in judicial custody since
16.05.2017 in Crime No.58/2017 registered by the
respondent-police. During the pendency of the petition
Investigating Officer has submitted Charge sheet to the
Court in respect of offences punishable under Sections
493, 496, 498A, 376(2)(K) of IPC.
3. The case of the prosecution is, the petitioner
married the complainant Smt. Mercy on 01.12.2016 in a
temple and asserted that it is marriage in accordance
with Hindu Rites and Custom, however refused to
register the marriage. Against the will of the
complainant he had sexual intercourse with her. He
inflicted cruelty on her both physically and mentally.
During the sexual intercourse he used to bite her, pinch
4. Learned counsel for the petitioner submits
that the petitioner married the complainant in the
presence of his family members. Subsequent to the
marriage, the victim continued her education at
Chennai. The petitioner has completed his B.E. Course
and works as a Civil Contractor on his own. The
complainant has separated from him and filed a suit for
injunction restraining the petitioner from taking another
lady as a wife. She has filed another petition for
maintenance under the provisions of Prevention of
Domestic Violence Act. Investigation since complete, he
is not required to be in judicial custody any more. He
undertakes to abide by the conditions that would be
imposed on him by this Court.
5. Learned HCGP while opposing the petition
submits that within a short period of marriage, the
petitioner eloped with a married lady and the complaint
was lodged by the husband of the said lady and he was
arrested at Bengaluru. This petitioner within a short
span of his marriage has exhibited overtact and
perverse behaviour. He has threatened the complainant
by dire consequences. If enlarged on bail, he may
endanger the life of the complainant to risk.
6. In the light of the above, for the adjudication
of this petition what gains for consideration is the
complainant admits that she has married the petitioner.
Presently, she is at Chennai and prosecuting her
education, she has filed the complaint for taking legal
action against the petitioner and also for maintenance.
7. Perused the charge sheet papers.
Investigation since complete, there is no impediment to
allow the petition. Petition is allowed. Petitioner is
enlarged on bail in connection with Crime No.58/2017
registered by the respondent-Police, subject to the
(i) He shall execute a self bond for a sum of
Rs.1,00,000/- (Rupees One lakh only)
with one surety for the likesum to the
satisfaction of the concerned Court.
(ii) He shall attend the Court on all hearing
dates regularly and punctually.
(iii) He shall mark his attendance before the
S.H.O. of the respondent-police on every
Wednesday till the conclusion of the trial.
(iv) He shall not threaten, prevail upon or
terrorize the complainant.