IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE 2019
BEFORE
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.9251/2018
BETWEEN:
Anand G.H.,
S/o Huliyappa,
Aged about 34 years,
R/at Gopahalli Village,
Bidadi Hobli,
Ramanagara Taluk – 571 511,
Ramanagara District. … Petitioner
(By Sri. B. Ravindra, Advocate)
AND:
State by Bidadi Police Station,
Rep. by SPP,
High Court,
Bengaluru – 560 001. … Respondent
(By Sri K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 438 of
the Criminal Procedure Code, praying to enlarge the
petitioner on bail in the event of his arrest in Crime
No.61/2018 of Ramanagara Women Police Station,
Ramanagara for the offences p/u/s 324, 355, 342,
498A, 307 r/w 34 of SectionIPC.
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This Criminal Petition coming on for Orders this
day, the Court made the following:
ORDER
The petitioner is seeking to be enlarged on bail in
the event of his arrest pursuant to the proceedings in
Crime No. 61/2018 with respect to offences punishable
under Sections 324, Section355, Section342, Section498A, Section307 r/w 34 of SectionIPC.
2. The case of the prosecution is that the
complainant and the petitioner were married about
twelve years back and the marriage was of their own
choice. It is stated that from within the wedlock, they
have two children. It is the further case that differences
have cropped up in the matrimonial relationship and
there were frequent altercations. It is stated that on
28.10.2018, the petitioner is said to have assaulted the
complainant. Initially, though the complaint was given,
the matter was settled and the statement of the
complainant was recorded on 13.10.2018. The
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complainant had stated that she would not attempt to
commit suicide and the matter was settled and she had
gone back with the petitioner on the basis of assurance
of the petitioner. It is stated that subsequently, another
altercation has ensued on 10.11.2018 and it is alleged
that petitioner had administered pesticide to the
complainant and went away with the children.
Subsequently, it is stated that the complainant was
admitted to the hospital and took treatment in the
hospital.
3. The learned counsel for the petitioner states
that there were frequent altercations and as differences
cropped up in the matrimonial relationship, it is stated
that as regards the earlier incident which was the
subject matter of complaint, by recording the statement
of the complainant on 13.10.2018, the matter was
settled and the complainant had stated that she would
not attempt to commit suicide. In the light of such
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statement, the genesis of the complaint is in doubt and
the petitioner denies factual assertions made out in the
complaint. The petitioner states that he would co-
operate with the investigation and asserts that
complaint itself is a false complaint.
4. Taking note of the above fact and also
existence of previous differences amongst the petitioner
and the complainant and also that on earlier occasion
the complaint in DP No.40/2018 was recorded with the
police in which statement has been made by the
complainant also, taking note of the fact that
complainant has been discharged subsequently, the
question of commission of offence by the petitioner is a
matter to be proved during trial. Accordingly, petitioner
is entitled to be enlarged on bail.
5. The Sessions Court has rejected the application
by order dated 29.11.2018 stating that the case was
made out as regards commission of offence noting that
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presence of the petitioner was required for custodial
interrogation. However, it is submitted by the learned
counsel for petitioner that there is seizure of wooden log
(repiece) and further states that there is no other
requirement for custodial interrogation.
6. In the result, the bail petition filed by the
petitioner under Sec. 438 of SectionCr.P.C. is allowed and the
petitioner is enlarged on bail in the event of his arrest in
Crime No. 61/2018 with respect to offences punishable
under Sections 324, Section355, Section342, Section498A, Section307 r/w 34 of SectionIPC
subject to the following conditions:
(i) The petitioner shall appear in person
before the Investigating Officer in
connection with Crime No.61/2018
within 15 days from today and shall
execute a personal bond for a sum of
`1,00,000/- (Rupees One Lakh only) with
a surety for the likesum to the
satisfaction of the Investigating Officer.
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(ii) The petitioner shall fully co-operate
with the Investigating Officer and shall
not indulge in any criminal activities
henceforth.
(iii) The petitioner shall not tamper with
evidence, influence in any way, any
witness.
(iv) The petitioner shall physically present
himself and mark his attendance
before the concerned Station House
Officer once in fortnight/week between
10.00 a.m. and 5.00 p.m., till filing of
the final report.
(v) In the event of change of address, the
petitioner to inform the same to the
concerned SHO.
(vi) Any violation of the aforementioned
conditions by the petitioner, shall
result in cancellation of bail.
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Any observation made herein shall not be taken as
an expression of opinion on the merits of the case.
Sd/-
JUDGE
Np/-
