IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF APRIL, 2018
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.2526 OF 2018
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,
(BY SRI NANJUNDA SWAMY N., ADVOCATE)
STATE BY WOMEN POLICE STATION
MYSURU CITY, MYSURU,
REP. BY SPP HIGH COURT,
(BY SRI K. NAGESHWARAPPA, HCGP)
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:-
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
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
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:
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;
(iii) He shall not threaten the witnesses
and tamper the prosecution evidence.