SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Jaderudra @ Jaderudraswamy vs The State Of Karnataka on 18 April, 2017

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF APRIL 2017

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.1748 OF 2017

BETWEEN:

JADERUDRA @ JADERUDRASWAMY
S/O CHAGARE SIDDAPPA
AGED ABOUT 45 YEARS
COOLIE
R/A GOOLYADABAYALU VILLAGE
LOKKANAHALLI HOBLI
KOLLEGALA TALUK
PIN-571440
CHAMARAJANAGARA DISTRICT
… PETITIONER

(By Sri: SHIVA PRASAD Y S, ADVOCATE)

AND

THE STATE OF KARNATAKA
BY HANURU P S
BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE-560001
… RESPONDENT

(By Sri: B.VISWESWARAIAH, HCGP)
2

THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS ARREST IN
CR.NO.4/2017 OF HANUR P.S., CHAMARAJANAGARA DISTRICT
FOR THE OFFENCE P/U/S 498A,323,324, 341,504,506 R/W 34
OF IPC.

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

ORDER

Heard the learned counsel for the petitioner and the

learned HCGP. Learned HCGP has not filed any statement of

objection opposing the petition, but has orally opposed the

petition. Perused the petition and the FIR.

2. This petition is filed under section 438 of Cr.P.C., by

petitioner/accused No.1 in Cr.No.4/2017 seeking anticipatory

bail.

3. Learned counsel for the petitioner submits that

accused No.2 – the mother of the present petitioner is granted

anticipatory bail by the Trial Court in Crl.Misc.No.5014/2017 by

order dated 7.2.2017.

3

4. Though there are serious allegations of cruelty by

the petitioner herein, in view of the direction issued by the

Hon’ble Supreme Court in the case of ARNESH KUMAR vs.

STATE OF BIHAR Another (AIR 2014 SC 2756) that the

State cannot automatically arrest when a case under section

498A of Indian Penal Code is registered but to satisfy themselves

about the necessity for arrest under the parameters laid down

above flowing from section 41 Cr.P.C., the petition deserves to

be allowed. The other charges leveled against the petitioner are

minor offences in respect of which petitioner is entitled to bail as

of right.

5. Hence, the criminal petition is allowed subject to

the following conditions:-

a. The petitioner is directed to appear before the

Investigating Officer within fifteen days from the date of

this order and on his appearance, the Investigating Officer

shall interrogate the petitioner and shall release him on

bail on obtaining a bond for a sum of Rs.1,00,000/-
4

(Rupees One Lakh) with one surety for the likesum to the

satisfaction of the Investigating Officer.

b. Petitioner shall not threaten or allure the prosecution

witnesses in whatsoever manner.

c. The petitioner shall co-operate in the investigation.

d. Petitioner shall mark his attendance in Hanur Police Station

on the last Sunday of every calendar month until

submission of the Final Report.

Sd/-

JUDGE
Bss.

Leave a Reply

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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

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