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Judgments of Supreme Court of India and High Courts

Mukunda vs State By Women’S Police Station on 3 July, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03RD DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.4081/2018

BETWEEN:

Mukunda
S/o Channe Gowda,
Aged about 35 years,
R/a Dudda Hobli,
Dyavalapura,
G.Mailanahalli,
Hassan Taluk,
Karnataka – 573 118.
…Petitioner
(By Sri.Kumara L, Advocate)

AND:

State by Women’s Police Station,
B.M.Road, Hassan,
Karnataka – 573 201.
…Respondent
(By Sri.K.Nageshwarappa, HCGP)

This Criminal petition is filed under Section 438
of Cr.P.C praying to enlarge the petitioner on bail in
the event of his arrest in Crime No.33/2018 of Hassan
Women Police Station, Hassan District for the offence
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punishable under Sections 498A, 323, 504 and 506 of
IPC.

This Criminal petition coming on for Orders, this
day, the court made the following:

ORDER

This petition is filed under Section 438 of Cr.P.C.

2. Heard the learned counsel for petitioner and

learned High Court Government Pleader.

3. Learned High Court Government Pleader has

not filed any statement of objections but has orally

opposed the petition.

4. Petitioner is the husband of the

complainant. Their marriage was solemnized on

25.05.2015. The allegations made in the complaint

are that petitioner was ill-treating and harassing the

complainant for not begotting a child. It is alleged that

on 09.03.2018, the petitioner assaulted the
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complainant with hands and tried to pour kerosene on

her.

5. Having regard to the nature of the

allegations made against the petitioner, in my view,

the custodial interrogation of the petitioner is not

necessary. Moreover, the alleged incident having

taken place in the matrimonial context, it is proper

that the petitioner participates in the investigation.

Hence, the following:-

ORDER

Criminal petition is allowed. The petitioner is

directed to appear before the Investigating Officer

within 15 days from the date of this order and on his

appearance, the Investigating Officer shall interrogate

the petitioner and shall enlarge him on bail on the

same day subject to the following conditions:-
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a. The petitioner shall furnish a bond for
Rs.1.00 lakhs(Rupees One lakh only)
with two sureties for the likesum to
the satisfaction of the Investigating
Officer;

b. The petitioner shall appear before the
Investigating Officer as and when
required;

c. The petitioner shall cooperate in the
investigation;

d. The petitioner shall not threaten or
allure the prosecution witnesses; and

e. The petitioner shall mark his
attendance in Hassan Women Police
Station, Hassan on 15th of every
calendar month until submission of
the final report.

Sd/-

JUDGE

dn/-

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