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CRL.P No. 13247 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON’BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 13247 OF 2023
BETWEEN:
BALENDRA SANIVADA
S/O S. VENKATESHWAR RAO
AGED ABOUT 43 YEARS
R/A NO.508, 2ND FLOOR
ANJANADRI NAGAR, B BLOCK
ARUNA ABODE HEIGHTS
DAMMAIGUDDA, HYDERABAD
TALANGANA – 500 083
…PETITIONER
(BY SRI: ANANDA .K.V., ADVOCATE)
Digitally AND:
signed by
NANDINI MS STATE OF KARNATAKA
Location: REP BY EAST ZONE
HIGH COURT
OF WOMEN POLICE STATION
KARNATAKA BENGALURU
THROUGH THE O/O
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU – 01
…RESPONDENT
(BY SRI: JAIRAM SIDDI, 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 CR.NO.180/2023 REGISTERED BY THE
EAST ZONE WOMEN POLICE STATION, BENGALURU FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 498A, 420 READ WITH
SECTION 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION
ACT, WHICH IS PENDING ON THE FILE OF VI ADDL.C.M.M.,
BENGALURU.
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CRL.P No. 13247 of 2023
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Accused No.1 in Crime No.180 of 2023 registered by East
Zone Women Police Station, Bengaluru City, for the offences
punishable under Sections 498-A, 420 read with Section 34 of
IPC and under Sections 3 and 4 of DP Act, is before this Court
under Section 438 of Cr.P.C.
2. Heard learned counsel for the parties.
3. FIR in Crime No.180 of 2023 was registered by East
Zone Women Police Station, against the petitioner and 4 others
for the aforesaid offences on the basis of complaint dated
28.09.2023 lodged by Smt K Neeraja, the wife of the petitioner
herein. Apprehending arrest in the said case, the petitioner
had filed Crl.Misc.No.11390 of 2023 before the XLV Additional
City Civil and Sessions Judge, Bengaluru City (CCH-46), which
came to be rejected against this petitioner on 07.12.2023.
Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that
there was serious matrimonial dispute between the petitioner
and the complainant who are the husband and wife. The
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petitioner has filed petition before the competent Court for
restitution of conjugal rights. It is in this background, the
complaint has been filed. Accordingly, he prays to allow the
petition.
5. Per contra, learned High Court Government Pleader
has opposed the bail application and prays to dismiss the
petition.
6. From perusal of the material available on record, it
is seen that the marriage of the petitioner with defacto
complainant was solemnized on 19.11.2020 at Sri
Kodandarama Temple, Bengaluru. The petitioner and the
defacto complainant are MBA graduates and they are working
in a company known as M/s Accenture. The materials made
available to this Court would go to show that the petitioner is
now presently working at Hyderabad. He has filed a petition
under Section 9 of the Hindu Marriage Act, 1955 before the
jurisdictional Family Court against the defacto complainant on
17.10.2023. Perusal of the said petition would go to show that
a legal notice dated 29.07.2023 was issued on behalf of the
petitioner to the defacto complainant and the present
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CRL.P No. 13247 of 2023
complaint was lodged by the defacto complainant subsequent
to receiving of the said legal notice from the petitioner. The
allegations against the petitioner is that he was ill-treating the
complainant and he also misused her credit cards.
7. Considering the nature of allegations and also
having regard to the fact that petitioner has already initiated
proceedings under Section 9 of the Hindu Marriage Act before
the jurisdictional Court against the respondent seeking relief of
restitution of conjugal rights, I am of the opinion that the
prayer made by the petitioner seeking grant of anticipatory bail
has to answered in the affirmative. Hence, the following:
ORDER
Criminal Petition is allowed.
The respondent – police or any other police in the State of
Karnataka are directed to release the petitioner in the event of
his arrest in Crime No.180 of 2023 registered by East Zone
Women Police Station, Bengaluru City, for the offences
punishable under Sections 498-A, 420 read with Section 34 of
IPC and under Sections 3 and 4 of DP Act, subject to the
following conditions:
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CRL.P No. 13247 of 2023
1. The Petitioner shall appear before the
Investigating Officer within 15 days from the
date of receipt of the copy of this order and
shall execute a personal bond for a sum of
Rs.1,00,000/-(One lakh only) with two sureties
for the likesum to the satisfaction of the
investigating officer.
2. Petitioner shall regularly appear before the Trial
Court without fail unless exempted by the Trial
Court for valid reasons.
3. Petitioner shall not tamper with the prosecution
witness and he shall co-operate with the police
for investigation and appear before them
whenever called upon.
4. The petitioner shall not involve in similar
offences in future.
SD/-
JUDGE
*bgn/-
List No.: 1 Sl No.: 44
