SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Parasuram vs The State By S. H. O on 19 February, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.1096 OF 2018

BETWEEN:

PARASURAM
S/O BASAPPA
AGED ABOUT 35 YEARS
COOLIE WORK,
R/O SOOKE VILLAGE
JAGALURU TALUK,
DAVANAGERE DISTRICT- 577528.
… PETITIONER
(By SRI S.G. RAJENDRA REDDY., ADV.,)

AND:

THE STATE BY S. H. O
JAGALURU POLICE SATION,
JAGALURU,
DAVANAGERE DISTRICT
RPTD. BY S.P.P.,
HIGH COURT,
BENGALURU 560001..
…RESPONDENT
(BY SRI. K NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CRIME
NO.287/2017 OF JAGALUR POLICE STATION,
2

DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 323,
342, 307, 498A, 506, 149 OF IPC AND SECTION 4 OF
DOWRY PROHIBITION ACT.

THIS CRIMINAL 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 anticipatory

bail, to direct the respondent-police to release the

petitioner on bail in the event of his arrest for the

offences punishable under Sections 323, 342, 307,

498A, 506, 149 of IPC and Section 4 of Dowry Prohibition

Act, registered in respondent-police station in Crime

No.287/2017.

2. Brief facts of the prosecution case as per the

complaint averments the brother of the wife of the

present petitioner is the complainant in this case,

wherein it is stated that his sister was given in marriage

to the petitioner about 9 years back. Couple are not
3

having children therefore, on that ground petitioner

along with all his family members accused Nos. 2 and 5

were giving ill-treatment to her both physically and

mentally and also insisting her to bring additional

amount and also gold ornaments from her parental

place otherwise they will perform 2nd marriage to the

petitioner/accused No.1. There is also allegation that

one time they tried to put the poison into food and made

an attempt to cause her death. It is also stated that the

petitioner and other accused, assaulted her and with

the help of the neighbour she was admitted to the

hospital. On the basis of the said complaint case came

to be registered against the petitioner/accused No.1 and

other accused persons.

3. Heard the arguments of the learned counsel

appearing for the petitioner/accused No.1 and also the
4

learned High Court Government Pleader appearing for

the respondent-State.

4. During the course of hearing the petition, it is

submitted that the accused Nos. 2 to 5 are already

granted with anticipatory bail by the order of learned

Session Judge. Hence, the learned counsel for the

petitioner submitted that on the ground of parity also

present petitioner is entitled for anticipatory bail.

5. Learned H.C.G.P submitted that serious

allegations are made against the petitioner and hence is

not entitled for anticipatory bail.

6. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

7. Looking to the allegations similar set of

allegations are made against all the accused persons
5

about the alleged acts accused Nos.2 and 5 have

already been granted bail by order of the session judge.

8. The petitioner denied the allegation made by

the complainant contending that there is false

implication and he undertakes to abide by any

reasonable conditions to be imposed by this Court. Also

the alleged offences are not exclusively punishable with

death or imprisonment. As other accused persons No.2

to 5 have been granted with anticipatory bail under the

similar set of facts, the present petitioner is also entitled

to be granted with anticipatory bail.

Accordingly, petition is allowed. The respondent-

Police is directed to enlarge the present petitioner on

bail in the event of his arrest for the alleged offence

punishable under Sections 323, 342, 307, 498A, 506,

149 of IPC and Section 4 of Dowry Prohibition Act
6

registered in respondent police station Crime

No.287/2017, subject to the following conditions:

i. Petitioner shall execute a personal
bond for Rs.50,000/- and shall 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 has to make himself
available before the Investigating
Officer for interrogation, as and when
called for and to cooperate with the
further investigation.

iv. The petitioner has to appear before the
concerned Court within 30 days from
the date of this order and to execute
the personal bond and the surety
bond.

Sd/-

JUDGE
AKV

Leave a Reply

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

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Group Rules, If You agree then JOIN HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh