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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:
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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,
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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dismissed as withdrawn on 5-7-2021.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
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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;
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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
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