IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL 2017
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.1748 OF 2017
JADERUDRA @ JADERUDRASWAMY
S/O CHAGARE SIDDAPPA
AGED ABOUT 45 YEARS
R/A GOOLYADABAYALU VILLAGE
(By Sri: SHIVA PRASAD Y S, ADVOCATE)
THE STATE OF KARNATAKA
BY HANURU P S
BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
(By Sri: B.VISWESWARAIAH, HCGP)
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
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-
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
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.
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
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/-
(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.