IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL 2017
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.1550 OF 2017
AGE 45 YEARS,
AGRICULTURIST, R/O #00,
KSRTC LAYOUT, 3RD CROSS,
JOGIMATTI ROAD, CHITRADURGA,
PIN 577501. … PETITIONER
(By Sri: LEELADHAR. H.P., ADVOCATE)
STATE BY CHITRADURGA WOMEN POLICE STATION,
CHITRADURGA TOWN, CHITRADURGA DISTRICT,
REPRESENTED BY SPP
HIGH COURT BUILDING
BENGALURU-560002. … RESPONDENT
(By Sri: B.VISWESWARIAH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT
OF HIS ARREST IN CRIME NO.7/2017 OF WOMEN POLICE
STATION, CHITRADURGA, WHICH IS REGISTERED FOR THE
OFFENCE P/U/S 498A,504,506,323 OF IPC.
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 but has orally opposed the petition.
2. The petitioner has approached this court under
section 438 of Cr.P.C., seeking anticipatory bail in Cr.No.7/2017
registered by the respondent -Police on the basis of the
complaint lodged by his wife alleging offences punishable under
sections 498A, 504, 506 and 323 of Indian Penal Code.
3. Following the guidelines laid down 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
4. 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
b) Petitioner shall not threaten or allure the prosecution
witnesses in whatsoever manner.
c) The petitioner shall co-operate in the investigation.
d) The petitioner shall not involve in similar offences.
e) Petitioner shall mark his attendance in Women Police
Station, Chitradurga on the last Sunday of every
calendar month until submission of the Final Report.