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Mahalingesha D vs The State Of Karnataka on 2 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2ND DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.4833 OF 2018

BETWEEN

Mahalingesha D.,
S/o. Devaraju, Major in age,
R/at #1607/42, Sir.M.V.Layout,
5th Block, Ullalu,
Bangalore-560010.
…Petitioner
(By Sri. V.D.Raviraj, Advocate)

AND

The State of Karnataka
By Byadarahalli Police,
Represented by
The State Public Prosecutor,
High Court Building,
Bengaluru-560001.
…Respondent
(By Sri. Chetan Desai, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.293/2018 of Byadarahalli Police Station, Ramanagara
District for the offences punishable under Sections 498A,
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354A, 307, 504 and 506 read with 34 of IPC and Sections
8 and 12 of POCSO Act.

This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

This is a petition under Section 439 Cr.P.C. The

respondent police have registered a case against the

petitioner in Cr.No.293/18 for the offences punishable

under Sections 498A, 354A, 307, 504, 506 read with

Section 34 IPC and Sections 8 and 12 of POCSO Act.

2. Heard the petitioner’s counsel and the High Court

Government Advocate.

3. The learned counsel for the petitioner argues that

a petty quarrel between the husband and wife resulted in a

false complaint being lodged against the petitioner at the

instance of the advocate. The complaint lodged by the

wife on 05.05.2018 was not actually drafted on the

instructions given by the wife. The allegations found there
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are all false. The daughter of the petitioner herself made a

statement under Section 164 Cr.P.C. before the Magistrate

stating that after a quarrel took place between her father

and mother, her mother’s friend advised her mother that if

a complaint was made to Karnataka State Commission for

Women they would set right everything and therefore

when the mother went to the City Civil Court campus, an

advocate drafted the complaint which came to be

registered. The petitioner and the complainant are living

together now. Therefore petitioner needs to be enlarged

on bail.

4. The High Court Government Pleader submits that

the wife made a lengthy complaint disclosing in detail the

harassment meted out to her by the husband. This

requires thorough investigation and therefore there are no

grounds to grant bail.

5. The complaint contains many allegations against

the petitioner. He used to harass his wife for the sake of

money. He was also abusing his own daughter sexually.
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But the daughter has given a statement under Section 164

Cr.P.C. This statement gives totally a different picture. It

discloses involvement of an advocate in taking the wife of

the petitioner to Karnataka State Commission for Women

where an advocate himself drafted the complaint.

Therefore in the light of this statement of the girl, it can be

stated that no prima facie materials are not forthcoming at

this stage. Hence the following:

ORDER

(a) Petition is allowed.

(b) Petitioner shall be released on bail in connection

with Crime No.293/2018 registered by Byadarahalli Police

Station, Ramanagara District on his executing a bond for a

sum of Rs.1,00,000/- (Rupees One Lakh only) and

providing two sureties for the likesum to the satisfaction of

the trial Court. The petitioner is also subjected to the

following conditions:

1) He shall regularly appear before the Court
during trial.

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2) He shall not threaten the witnesses and
tamper with the prosecution evidence.

Sd/-

JUDGE
sd

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