SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Bommegowda vs State Of Karnataka on 20 July, 2021

Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.4900 OF 2021

BETWEEN:

BOMMEGOWDA
S/O. JAYARAM,
AGED ABOUT 39 YEARS,
RESIDING AT IN FRONT OF GOVERNMENT SCHOOL,
MALAGALA, NAGARBHAVI,
BENGALURU – 560 091.
… PETITIONER
(BY SRI PRASANNA RAO R., ADV.)

AND:

STATE OF KARNATAKA
BY ANNAPOORNESHWARINAGAR POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001.
… RESPONDENT
(BY SRI K. NAGESHWARAPPA, H.C.G.P.)

***

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.21 OF 2021 REGISTERED BY ANNAPOORNESHWARI
NAGAR POLICE STATION, BENGALURU, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498A AND 307 OF THE
IPC.

THIS CRIMINAL PETITION IS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
2

ORDER

This petition is filed by accused under Section 439 of

the Code of Criminal Procedure, 1973, (for short, ‘the

Cr.P.C.’) for granting regular bail in Crime No.21 of 2021

registered by Annapoorneshwari Nagar Police Station,

Bengaluru, for the offences punishable under Sections

498A and 307 of the Indian Penal Code, 1860 (for short,

‘the IPC’).

2. Heard the arguments of the learned counsel for

the petitioner and the learned High Court Government

Pleader for the respondent-State.

3. The case of the prosecution is that, on

16-1-2021, Smt. Mangala, wife of the petitioner, lodged a

complaint alleging that she married the petitioner 16 years

ago and out of the wedlock, they have two children. From

past 5 to 6 years, the petitioner is addicted to alcohol and

used to always harass her physically and mentally. On

the said date, the petitioner came in a drunken state,
3

picked up quarrel and with an intention to kill her, tried to

stab her stomach with knife and when she tried to stop by

bringing her hand in between, she sustained injuries to

her middle and little fingers. Neighbours came to rescue

her and shifted her to the Hospital. On the basis of

complaint, the Police arrested the petitioner on 18-1-2021

and remanded him to custody. Earlier petition filed by

the petitioner in Criminal Petition No.1623 of 2021 was

dismissed as withdrawn on 5-7-2021.

4. Upon considering the arguments and perusal of

the record, the petitioner and the complainant are

husband and wife. The incident took place during family

dispute and in fit of anger. The complainant sustained

injuries to her middle and little fingers of right hand.

Learned counsel for the petitioner contended that the

petitioner shall not commit similar offences and live with

the complainant peacefully. Investigation is completed

and charge-sheet is filed. The petitioner is in custody for
4

almost seven months. Keeping the petitioner in custody

will not serve any purpose, except for trial. Therefore, I

am of the view that if the petitioner is granted bail by

imposing certain conditions, no prejudice would be caused

to the case of the prosecution. Hence, I pass the following

ORDER

Criminal petition is allowed.

The Trial Court/Committal Court is directed to

release the petitioner on bail in Crime No.21 of 2021

registered by Annapoorneshwari Nagar Police Station,

Bengaluru, for the offences punishable under Sections

498A and 307 of the IPC, subject to the following

conditions:

i) Petitioner shall execute a personal bond
in a sum of Rs.1,00,000/- (Rupees one
lakh only) with one surety for the likesum
to the satisfaction of the Trial Court;

5

ii) Petitioner shall not tamper with the
prosecution witnesses directly or
indirectly;

iii) Petitioner shall not indulge in any similar
offences;

iv) Petitioner shall not leave the jurisdiction of
the Court without prior permission of the
Trial Court; and

v) Petitioner shall take up the trial without
causing any delay.

If any of the conditions is violated, the prosecution is

at liberty to move for cancellation of bail.

SD/-

JUDGE

kvk

Leave a Reply

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

Copyright © 2021 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 read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation