IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2017
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.803/2017
Aged about 35 years
No.99/1-1, 1st Floor
3rd Cross, Vijayanagar,
(By Sri Chetan B.Angadi, Adv.)
The State of Karnataka
Represented by the State Public Prosecutor
The Vijayanagar Police Station
(By Sri Chetan Desai, HCGP)
This Criminal Petition is filed under Section 438 of the
Cr.P.C praying to enlarge the petitioner on bail in the event of
his arrest in Crime No.271/2016 of Vijayanagara Police
Station, Bangalore for the offence punishable under Section
498(A) of Indian Penal Code.
This Criminal Petition coming on for orders this day, the
Court made the following:-
Petitioner apprehends arrest by the respondent-police in
Crime No.27/2016 registered in respect of the offence
punishable under Section 498A of IPC.
2. It is alleged by the complainant that his daughter
Ambika Sidegal was married to the petitioner on 21.8.2012.
Deceased was working as an Engineer in a private company.
She was tortured in the matrimonial house by her husband
and in-laws. In this regard a complaint was lodged in
Hulimavu Police Station which is transferred to the
jurisdictional Police at Vijayanagar Police Station. The
deceased had taken treatment in Fortis Hospital for viral
fever. Thereafter she could not recover. While the brother of
the deceased went to her house he found her in unconscious
condition. She was admitted to the hospital and died while on
treatment. She has left behind a death note alleging that she
was tortured by her husband and in-laws.
3. Learned counsel for the petitioner submits that as per
death summary given by the Fortis Hospital, she died because
of viral syndrome; super refractory status epilepticus; sepsis
septic shock; multi-organ failure. Three months after the
death, complaint is lodged without explaining the delay.
Petitioner apprehends harassment by the police. He is taking
care of the two years’ old child born out of the wedlock. He
will surrender before the concerned Police Station and
participate in the proceedings if anticipatory bail is granted for
a limited period.
4. As observed from the records, initially the complaint
was lodged in Hulimavu Police Station and after obtaining
legal opinion, case was registered for the offence punishable
under Section 498A of IPC. Spot mahazar was also
conducted and thereafter case is transferred to the
respondent-police on jurisdictional point. In the given facts
and circumstances of the case, there is no impediment to
allow the petition.
Petition is allowed.
The petitioner is granted anticipatory bail for a period of
three weeks. Within the above period of three weeks, the
petitioner shall surrender before the concerned Court and
move for regular bail. Till the disposal of the bail petition, this
order will be in force. In the event of his arrest by the
respondent-police within the above period, he shall be
released on bail on executing a self bond for Rs.50,000/-
(Rupees fifty thousand only) with one local surety for the like