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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.6941 OF 2017
BETWEEN:
1. Sri. R. Badrinath,
Son of K.S.Raghavan,
Aged about 37 years
2. Sri. K.S. Raghavan,
Son of Late Srinivasa Ramanjuchar,
Aged about 73 years
All are residing at,
No.93, Vinayaka Layout,
Vijayanagar 2nd Stage,
Bengaluru – 560 040.
…Petitioners
(By Sri:Venkatraman Naik, Adv)
AND:
The State of Karnataka,
By Vijayanagar Police,
Bengaluru City,
Rep. by its Public Prosecutor,
City Civil Court Complex,
Bengaluru – 01.
…Respondent
(By Sri:Chetan Desai, HCGP)
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This Crl.P. is filed under Section 438 of Cr.P.C. praying to
enlarge the petitioners on bail in the event of their arrest in Crime
No.385/2017 of Vijayanagar Police Station, Bengaluru for the
offence P/U/S 498A, 384, 329, 376, 504, 506 R/w 34 of IPC and
Sections 3, 4 of D.P. Act.
This Crl.P. coming on for Orders this day, the Court passed
the following:
ORDER
The petitioners (son and the father) apprehend their
arrest by the respondent police in Crime No.385/2017
registered in respect of offences punishable under
Sections 498A, 384, 329, 376, 504, 506 R/w 34 of IPC and
Sections 3, 4 of D.P. Act.
2. The complaint is lodged by the wife of the first
petitioner. the gist of the allegation is, the complainant was
harassed by husband and in-laws both physically and
mentally. They used to verbally abuse her parents also. She
has filed a petition for divorce and the matrimonial case is
pending. The husband has removed her money from her ATM
and has sexually harassed her. He had used black magic
against her etc.
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3. Considering the fact that this petition is filed by the
complainant from her parental home and her case for divorce
is pending before the jurisdictional Court, there is no
impediment to allow the petition.
4. Having regard to the fact and circumstances,
petition is allowed. Since the petitioners plead innocence,
petitioners are granted bail in Crime No. 385/2017 registered
by the respondent police subject to following conditions:-
(i) They shall execute a self-bond for a sum of
Rs.50,000/- each with one surety for the
likesum to the satisfaction of the concerned
Court.
(ii) They shall appear before the Investigating
Officer forthwith. In that event, Investigating
Officer is at liberty to interrogate them.
Sd/-
JUDGE
MH/-