Sri Siddesh vs The State By Kodigenahalli on 21 November, 2017

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF NOVEMBER 2017

BEFORE

THE HON’BLE MR. JUSTICE BUDIHAL R.B.

CRIMINAL PETITION No.7827/2017

BETWEEN:

Sri Siddesh
S/o Narayanappa
Aged about 30 years
R/at Metipalya
Tavarekere Hobli
Magadi Taluk
Bengaluru Rural District-571 202. .. PETITIONER

(By Sri Kishore Kumar, Adv.)

AND:

The State by Kodigenahalli Police
Represented by the
State Public Prosecutor
High Court of Karnataka
High Court Building
Bengaluru-560 001. .. RESPONDENT

(By Sri K Nageshwarappa, HCGP)

This criminal petition is filed under Section under
Section 438 of the Cr.P.C. praying to enlarge the
petitioner on bail in the event of his arrest in
Cr.No.71/2017 of Kodigenahalli P.S., Tumkuru District
for the offences punishable under Sections 323, 324,
2

498A, 494 read with Section 149 of IPC and Section 3, 5
of D.P. Act.

This petition coming on for Orders this day, the
Court made the following :

ORDER

This petition is filed by the petitioner-accused No.1

under Section 438 of Cr.P.C. seeking a direction to the

respondent police that in the event of his arrest, he be

released on bail for the offences punishable under

Sections 323, 324, 498A, 494 read with Section 149 of

IPC and Sections 3 and 5 of D.P. Act registered in

respondent Police Station Crime No.71/2017.

2. I have heard the learned Counsel appearing for

the petitioner-accused No.1 and the learned High Court

Government Pleader appearing for the respondent-State.

3. I have perused the averments made in the bail

petition, FIR, complaint and the other materials on

record.

3

4. Wife of the petitioner is the complainant in this

case wherein she has stated that at the time of marriage,

her parents gave gold ornaments to her husband, the

petitioner herein. The petitioner started giving ill

treatment and harassment to the complainant insisting

her to bring Rs.5,00,000/- from her parental place in

order to purchase tractor. The accused was abusing the

complainant in foul language and he tried to ill treat her.

On the basis of the same, case has been registered

against the petitioner.

5. The petitioner has denied the allegation made in

the complaint. He has contended that he has been falsely

implicated in the case and he has not at all committed the

alleged offence. He has undertaken that he is ready to

abide by any condition that may be imposed by this

Court. The alleged offences are triable by the Court of

Magistrate and they are not exclusively punishable with

death or imprisonment for life.

4

6. Therefore, the petition is allowed. The

respondent-police are directed to enlarge the petitioner on

bail in the event of his arrest for the alleged offences

punishable under Sections Sections 323, 324, 498A, 494

read with Section 149 of IPC and Sections 3 and 5 of D.P.

Act registered in respondent Police Station Crime

No.71/2017, subject to the following conditions:

i. Petitioner shall execute a personal bond
for a sum of Rs.50,000/- and have to
furnish one surety for the likesum to
the satisfaction of the arresting
authority.

ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

iii. Petitioner shall make himself available
before the Investigating Officer for
interrogation as and when called for
and to cooperate with the further
investigation.

iv. Petitioner shall appear before the
concerned Court within 30 days from
5

the date of this order and to execute the
personal bond and the surety bond.

Sd/-

JUDGE

Cs/-

Leave a Comment

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