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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JANUARY 2018
BEFORE
THE HON’BLE MR.JUSTICE G.NARENDAR
CRIMINAL PETITION No.200089/2018
Between:
Vijaykumar S/o Mathayya Hirenoor
Age: 38 years, Occ: Engineer
R/o Gullabowdi, Kalaburagi – 585 101
… Petitioner
(By Sri Sharanabasappa K. Babshetty, Advocate)
And:
The State of Karnataka through
Women Police Station, Kalaburagi
Represented by Addl. State Public Prosecutor
High Court of Karnataka
Kalaburagi Bench – 585 101
… Respondent
(By Sri P.S. Patil, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to enlarge the petitioner on bail in the event
of arrest in Crime No.51/2017 of Gulbarga Women Police
Station, Kalaburagi for the offence punishable U/Sec. 498A
of IPC pending before II Addl. C.J. (Jr.Dn.) and JMFC,
Gulbarga.
This petition coming on for Orders this day, the Court
made the following:-
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ORDER
The present petition is filed by the
petitioner/accused under Section 438 of Cr.P.C.,
seeking anticipatory bail in Crime No.51/2017 of
Woman Police Station, Gulbarga, registered for the
offence punishable under Section 498A of IPC.
2. The case of the defacto complainant is that,
She is a doctor and that she has married the
petitioner in 2003 and that after one and half years of
marriage, she left to Kerala for higher education and
stayed there for three years. During this period, the
petitioner developed an extra marital relationship with
her sister and that on return from Kerala she came to
know about the same and all efforts made by her to put
an end to the relationship between the petitioner and
her sister have gone in vain and the petitioner resisted
her attempts. That, the petitioner has stealthily married
her sister and on account of the extramarital
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relationship and intimacy, they have also begotten a
child. On these facts, the complaint came to be lodged
on 09.06.2017 in Crime No.51/2017 with the
respondent-police for the offence punishable under
Section 498A of IPC.
3. The petitioner had approached the trial Court
under the provisions of Section 438 of IPC for enlarging
him on bail in the event of his arrest, but the trial Court
was pleased to reject the same.
4. I have heard the learned counsel for the
petitioner and the learned High Court Government
Pleader appearing for respondent-State.
5. It is contended by the learned counsel for the
petitioner that the complaint is false and is made with
an intention of harassing the petitioner and bringing
him to terms and that even as per the narration of the
complaint, the complainant has remained in Kerala.
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Hence, there is no question of the petitioner having
harassed or committed any offence punishable under
Section 498 of IPC. Further, it is contended by the
learned counsel for the petitioner that the petitioner
hails from a respectable family and he is an Engineer by
profession and would not indulge in any immoral
activity, nor is there any criminal antecedents to the
petitioner.
6. On a query from this Court, the learned High
Court Government Pleader would submit that there is
no complaint of any physical violence or of any physical
harm or hurt being caused by the petitioner.
7. Hence, in the opinion of this Court, the
petitioner requires to be enlarged on bail.
Accordingly, the petition is allowed.
The respondent-Police are hereby directed to
enlarge the petitioner/accused on bail, in the event of
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his arrest, for the above said offences, subject to the
following conditions :-
i. The petitioner shall execute a personal
bond for a sum of Rs.50,000/- (Rupees
Fifty Thousand Only) with two solvent
sureties for the likesum to the
satisfaction of the arresting authority.
ii. The petitioner shall not tamper with any
of the prosecution witnesses directly or
indirectly.
iii. The petitioner shall not leave the
jurisdiction of this Court without the
prior permission of the trial Court.
iv. The petitioner shall appear before the
investigating officer as and when required
and co-operate for investigation.
v. The petitioner shall mark attendance
before the concerned police on every
alternative Sunday at 10.30 a.m. till the
charge sheet is filed.
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vi. The petitioner shall appear before the
jurisdictional Court and execute personal
bond, surety bond and furnish surety
within thirty days from the date of receipt
of certified copy of this order.
Petition is ordered accordingly.
Sd/-
JUDGE
LG
