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Mohan vs The State Of Karnataka on 18 April, 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF APRIL 2017

BEFORE

THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION No. 1652 OF 2017

BETWEEN :

Mohan,
S/o late Bhuthanna,
Aged about 29 years,
R/of Phulamaghatta,
Dodderi Hobli,
Madhugiri Taluk,
Tumakuru District-572101.
…PETITIONER
(By Sri. A.H.Bhagavan, Adv.)

AND :

The State of Karnataka,
By Badavanahally Police,
Madhugiri Taluk,
Represented by
The State Public Prosecutor,
High Court Building,
Bangalore-560001.
…RESPONDENT
(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
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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:

ORDER

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-
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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 : –

ORDER

(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.

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(iv) The petitioner shall not threaten or

allure the prosecution witnesses in

whatsoever manner.

(v) The petitioner shall cooperate in the

investigation and shall not get himself

involved in similar offences.

Sd/-

JUDGE

ckl

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