SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

K Mallikarjunappa vs State By Chitradurga Women on 19 April, 2017

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF APRIL 2017

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.1550 OF 2017

BETWEEN:

K MALLIKARJUNAPPA
S/O KENDAPPA,
AGE 45 YEARS,
AGRICULTURIST, R/O #00,
KSRTC LAYOUT, 3RD CROSS,
JOGIMATTI ROAD, CHITRADURGA,
PIN 577501. … PETITIONER

(By Sri: LEELADHAR. H.P., ADVOCATE)

AND

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.
2

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 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
3

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

of right.

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

Officer.

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.
4

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.

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