Prakash B. N. vs State By Sringeri Police on 23 August, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF AUGUST, 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION No.5248 OF 2017

BETWEEN:

Prakash. B.N,
S/o Late Nagesha,
Aged about 28 years,
R/o Mallappana street,
Sringeri Town,
Sringeri Taluk,
Chikkamagalur District – 565 201.
…Petitioner
(By Sri. K. Prasanna Shetty, Advocate)

AND:

State by Sringeri Police,
Sringeri Taluk,
Represented by
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.
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This Criminal Petition coming on for Orders day,
the court passed the following:

ORDER

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent.

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.
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During the sexual intercourse he used to bite her, pinch

her, etc.

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
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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
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registered by the respondent-Police, subject to the

following conditions:

(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.

Sd/-

JUDGE

SV

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