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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; ande. 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/-
