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Ashwini B. Patil vs State Of Karnataka on 3 April, 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF APRIL, 2017

BEFORE

THE HON’ BLE MRS. JUSTICE RATHNAKALA

CRIMINAL PETITION No.1787/2017

Between:

Ashwini B. Patil
D/o Basavaraj Patil
Aged 35 years,
R/at Pragathi, No.16/6,
II Main, Govindaraj Nagar,
Near New Public School,
Bengaluru – 560 040 … Petitioner

(By Smt. Nalina K.-Adv. for
Sri. S.K. Venkata Reddy-Adv.)

And:

State of Karnataka,
Channammanakere Acchukattu Police Station,
Bengaluru – 560 085.
Represented by Asst. Public Prosecutor,
High Court Complex,
Bangalore – 560 001. … Respondent

(By Sri. B.J. Eshwarappa-HCGP
Smt. Pooja Kattimani-Adv. for
Sri. Sudhanva D.S.-Adv. for Appellant in I.A.1/17 )

This Petition is filed under Section 438 of Cr.P.C. praying
to enlarge the petitioner on bail, in the event of her arrest in
Cr.No.36/2017of Channammanakere Acchukattu Police
Station, Bengaluru for the offences punishable under sections
498A,304 and 506 of IPC.
2

This Petition coming on for orders this day, the Court
made the following:

ORDER

Heard Sri. Nalina K, learned counsel for Sri. S.K.

Venkata Reddy, Advocate and the learned HCGP for the

respondent.

2. The petitioner (Accused No.4) along with accused

No.1 to 3 is alleged of committing the offences punishable

under Sections 506,498-A and 307 of IPC by the

respondent police in their FIR dated 30.1.2017 in

Cr.No.36/2017.

3. The allegation is that the complainant is married

to the first accused for 10 years and they have a male issue

from the wedlock. Accused No.1 and 3 are the parents of

the first accused. The Accused No.1 has illicit relationship

with the petitioner and declaring to marry her and insisting

the complainant to leave the matrimonial home. All the

accused are residing under the same roof and they are ill

treating the complainant. On 30.1.2017 the accused

assaulted the complainant , attempted to do away from her

life by stabbing her with a knife and caused injuries,
3

however , she escaped etc. The first accused is said to have

been enlarged on bail by the order of the trial court.

4. Learned counsel for the petitioner has submits the

petitioner is working as an Assistant Manager in Scalene

Works Pvt. Ltd.,/ an I.T. Company. She is residing at the

cause title address and except purchasing a puppy from

the first accused, who is a puppy breeder, she has no other

relationship with the accused persons. She has no

intention of developing any such relationship with the

accused persons as alleged. She is a stranger to the

family of the complainant and the accused and there

cannot be any offence of 498-A of IPC against her. During

the year 2015 also this petitioner had lodged a complaint

against the first accused and in that complaint she had

referred to the name of this petitioner as indulged in

quarrel with the first accused.

5. Learned HCGP for the State submits that the

complainant has been abused and tortured by the accused

persons in the matrimonial home and they are intending to

get the first accused married to the 4th accused-petitioner.
4

6. Appreciating the submission of Smt. Nalina K.,

learned counsel for the petitioner, that the petitioner is a

stranger to the family of the accused persons and has no

intention of developing any relationship with the accused

persons, there is no impediment to allow the petition.

7. Accordingly the petition is allowed. The petitioner

is granted anticipatory bail in Cr.No.36/2017 of the

respondent police-Channammanakere Achchukattu Police

Station, Bengaluru. In the event of her arrest by the I.O. in

respect of above case, she shall be released on bail on

executing a self bond for `50,000/- with one surety for the

likesum.

In view of the disposal of the main petition, I.A.No.1/17

stands disposed of.

{

Sd/-

JUDGE

Psg

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