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Madhu vs The State Of Karnataka on 19 June, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF JUNE 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.3731 OF 2018

BETWEEN:

1. MADHU
S/O. LATE. NAGARAJ,
AGED ABOUT 26 YEARS
COOLIE WORK,

2. SMT. NEELAMMA
W/O. LATE. NAGARAJ,
AGED ABOUT 65 YEARS
HOUSEHOLD WORK,

BOTH ARE R/O. 2ND CROSS,
JANATHA COLONY,
SHAMANUR,
DAVANAGERE DIST-577001. … PETITIONERS

(BY SRI: JAYA PRAKASH K N, ADVOCATE)

AND

THE STATE OF KARNATAKA
BY WOMEN POLICE STATION,
REPRESENTED BY S.P.P.,
HIGH COURT BUILDINGS,
2

HIGH COURT,
BENGALURU-577001.

… RESPONDENT

(BY SRI:K.NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.58/2018 OF WOMEN P.S., DAVANAGERE
DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498A,307 R/W 34 OF IPC.

THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

This petition is filed under section 438 Cr.P.C., seeking

anticipatory bail in Cr.No.58/2018 registered under sections 498-

A, 307 r/w 34 Indian Penal Code.

Heard the learned counsel for the petitioners and the

learned HCGP. Learned HCGP has not filed any statement of

objections, but has orally opposed the petition.

2. The case is registered at the instance of wife of

petitioner No.1. It is alleged that she married petitioner No.1

about seven years back and they have two children. However,
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petitioner No.1-her husband was ill-treating and harassing her

demanding dowry at the instance of petitioner No.2 . It is further

alleged that on 19.04.2018, at 12.00 midnight, once again,

petitioner No.1 picked up quarrel with the complainant and

petitioner No.1 assaulted on her neck with a sharp weapon.

3. Learned HCGP was directed to produce the wound

certificate. He has not produced any such document, instead,

submitted that as per the instructions of the Investigating

Officer, the injured-wife has been discharged from the hospital.

The injuries sustained by her are simple in nature. The parties

are residing together.

4. In view of the above submission and having regard to

the circumstances in which the alleged incident has taken place,

in my view, interest of justice will be met, if the petitioners are

admitted to bail.

5. Hence, the following order:-

Criminal petition is allowed. The petitioners are directed

to appear before the Investigating Officer within 15 days from

the date of this order and on their appearance, the Investigating
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Officer shall interrogate the petitioners and shall enlarge them

on bail on the same day subject to the following conditions:-

a. Each of the petitioner shall furnish a bond for

Rs.1.00 lakh(Rupees One lakh only) with one

surety each for the likesum to the satisfaction

of the Investigating Officer;

b. The petitioners shall appear before the

Investigating Officer as and when required;

c. The petitioners shall cooperate in the

investigation;

d. The petitioners shall not threaten or allure the

prosecution witnesses; and

e. The petitioners shall mark their attendance in

Women Police Station, Davanagere, on the

15th of every calendar month until submission

of the final report.

Sd/-

JUDGE
*mn/-

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