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Judgments of Supreme Court of India and High Courts

Dr T D Manjunath vs State By Women Police Station on 26 April, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.2526 OF 2018

BETWEEN:

DR. T. D. MANJUNATH,
S/O LATE DAMODARAN,
AGED ABOUT 56 YEARS,
OCC: MEDICAL OFFICER,
R/AT NO.3639, 5TH CROSS,
NEAR NETHAJI CIRCLE,
3RD STAGE, DATTAGAHALLI, MYSURU,
PRESENTLY RESIDING AT NO.107,
PRASHANTH LODGE, HUNSUR,
MYSURU DISTRICT-571105.
… PETITIONER

(BY SRI NANJUNDA SWAMY N., ADVOCATE)

AND

STATE BY WOMEN POLICE STATION
MYSURU CITY, MYSURU,
REP. BY SPP HIGH COURT,
BANGALORE-560001.
… RESPONDENT

(BY SRI K. NAGESHWARAPPA, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.11/2018 OF WOMEN P.S., MYSURU CITY
FOR THE OFFENCES P/U/S 498A AND 307 OF IPC.

THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-

ORDER

This is a petition filed under Section 439 Cr.P.C.

Petitioner is the husband of the complainant. The

respondent – Police registered a case against the petitioner

in Crime No.11/2018 for the offences punishable under

sections 498A and 307 IPC.

2. Heard the petitioner’s counsel and the learned High

Court Government Pleader.

3. The complaint dated 18.2.2018 was lodged before

the Police on 22.2.2018. It shows that there was no

understanding between the complainant and the petitioner

and there used to take place quarrel between them. On
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17.2.2018 at about 10.30 a.m. the petitioner and the

complainant were going to bank in a car. It is stated that

when the petitioner was driving the car, he was scolding her

continuously. It is alleged that his intention was to harm

her and therefore he drove the car in such a way as to

cause accident. In the accident, she got injured. She was

admitted to hospital, where she gave the history that her

husband lost control over the car while driving and dashed

against the pole in the road.

4. If the history given in the Discharge Summary

issued by Apollo BGS Hospital is seen, in the light of the

allegations made against the petitioner in the complaint, a

doubt arises with regard to veracity of the complaint.

Moreover the complaint was made ready on 18.2.2018

itself, but it was lodged before the Police on 22.2.2018.

This delay is not properly explained. Therefore I come to

conclusion that even before completion of investigation,

sufficient materials to hold that the petitioner has
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committed the offences alleged against him are not

available. Hence, I am of the opinion that bail may

granted to the petitioner. Therefore, the following:

ORDER

Petition is allowed.

Petitioner shall be released on bail in

connection with Crime No.11/2018 registered by

respondent-police on his executing a bond for a

sum of Rs.1,00,000/- (Rupees Two Lakhs only)

and providing two sureties for the likesum to the

satisfaction of the trial Court. The petitioner is

also subjected to the following conditions:

(i) He shall co-operate with Investigating
Officer for completing the investigation.

(ii) He shall regularly appear before the
Court during trial;

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(iii) He shall not threaten the witnesses
and tamper the prosecution evidence.

Sd/-

JUDGE

Gss/-

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