IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER 2017
THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.7827/2017
Aged about 30 years
Bengaluru Rural District-571 202. .. PETITIONER
(By Sri Kishore Kumar, Adv.)
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,
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 :
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
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.
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
ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
iii. Petitioner shall make himself available
before the Investigating Officer for
interrogation as and when called for
and to cooperate with the further
iv. Petitioner shall appear before the
concerned Court within 30 days from
the date of this order and to execute the
personal bond and the surety bond.