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. 1652 OF 2017
S/o late Bhuthanna,
Aged about 29 years,
(By Sri. A.H.Bhagavan, Adv.)
The State of Karnataka,
By Badavanahally Police,
The State Public Prosecutor,
High Court Building,
(By Sri.B.Visweswaraiah, HCGP)
This Criminal Petition is filed under Section 438
Cr.P.C praying to enlarge the petitioner on bail in the
event of his arrest in Cr.No. 4/2017 of Badavanahalli
P.S., Tumkuru District for the offence P/U/S 498A,
506, 114 R/w 34 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.
2. Learned HCGP submits that in view of the
directions issued by the Hon’ble Supreme Court in the
case of ARNESH KUMAR vs STATE OF BIHAR AND
ANOTHER [AIR 2014 SC 2756], the investigating
officer is required to satisfy himself about the necessity
of arrest under the parameters laid down in Section 41
Cr.P.C when the report is made alleging commission of
offence under Section 498A of IPC and, as such, the
petition deserves to be allowed.
3. On going through the records it is seen that the
wife of the petitioner has lodged a complaint alleging ill-
treatment by the petitioner in the matrimonial house.
In view of the directions issued by the Hon’ble Supreme
Court in the above case and in order to expedite the
investigation, I pass the following : –
(i) The petition is allowed.
(ii) Petitioner is directed to appear before
the investigating officer within 10 days
from the date of this order.
(iii) On his appearance, the investigating
officer shall interrogate the petitioner
and enlarge him on bail on obtaining a
bond for Rs.50,000/- with one surety
for the like sum to the satisfaction of the
investigating officer and subject to
further condition that the petitioner shall
appear before the investigating agency
as and when required.
(iv) The petitioner shall not threaten or
allure the prosecution witnesses in
(v) The petitioner shall cooperate in the
investigation and shall not get himself
involved in similar offences.