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Vijaykumar S/O Mathayya Hirenoor vs The State Of Karnataka on 16 January, 2018

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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

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