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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.3731 OF 2018
BETWEEN:
1. MADHU
S/O. LATE. NAGARAJ,
AGED ABOUT 26 YEARS
COOLIE WORK,
2. SMT. NEELAMMA
W/O. LATE. NAGARAJ,
AGED ABOUT 65 YEARS
HOUSEHOLD WORK,
BOTH ARE R/O. 2ND CROSS,
JANATHA COLONY,
SHAMANUR,
DAVANAGERE DIST-577001. … PETITIONERS
(BY SRI: JAYA PRAKASH K N, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY WOMEN POLICE STATION,
REPRESENTED BY S.P.P.,
HIGH COURT BUILDINGS,
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HIGH COURT,
BENGALURU-577001.
… RESPONDENT
(BY SRI:K.NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.58/2018 OF WOMEN P.S., DAVANAGERE
DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498A,307 R/W 34 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
This petition is filed under section 438 Cr.P.C., seeking
anticipatory bail in Cr.No.58/2018 registered under sections 498-
A, 307 r/w 34 Indian Penal Code.
Heard the learned counsel for the petitioners and the
learned HCGP. Learned HCGP has not filed any statement of
objections, but has orally opposed the petition.
2. The case is registered at the instance of wife of
petitioner No.1. It is alleged that she married petitioner No.1
about seven years back and they have two children. However,
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petitioner No.1-her husband was ill-treating and harassing her
demanding dowry at the instance of petitioner No.2 . It is further
alleged that on 19.04.2018, at 12.00 midnight, once again,
petitioner No.1 picked up quarrel with the complainant and
petitioner No.1 assaulted on her neck with a sharp weapon.
3. Learned HCGP was directed to produce the wound
certificate. He has not produced any such document, instead,
submitted that as per the instructions of the Investigating
Officer, the injured-wife has been discharged from the hospital.
The injuries sustained by her are simple in nature. The parties
are residing together.
4. In view of the above submission and having regard to
the circumstances in which the alleged incident has taken place,
in my view, interest of justice will be met, if the petitioners are
admitted to bail.
5. Hence, the following order:-
Criminal petition is allowed. The petitioners are directed
to appear before the Investigating Officer within 15 days from
the date of this order and on their appearance, the Investigating
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Officer shall interrogate the petitioners and shall enlarge them
on bail on the same day subject to the following conditions:-
a. Each of the petitioner shall furnish a bond for
Rs.1.00 lakh(Rupees One lakh only) with one
surety each for the likesum to the satisfaction
of the Investigating Officer;
b. The petitioners shall appear before the
Investigating Officer as and when required;
c. The petitioners shall cooperate in the
investigation;
d. The petitioners shall not threaten or allure the
prosecution witnesses; and
e. The petitioners shall mark their attendance in
Women Police Station, Davanagere, on the
15th of every calendar month until submission
of the final report.
Sd/-
JUDGE
*mn/-