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N. Umesh S/O M. Nagaraj vs The State Of Karnataka on 23 March, 2018

Crl.P No. 100453/2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 23RD DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.100453/2018
BETWEEN:

N. UMESH S/O M. NAGARAJ
AGE: 27 YEARS, OCC: HOMEGUARD,
R/O: DORGALLI, NO.29,
BEHIND M.V.R. WINE SHOP,
ATTEBELE LAYOUT, ANEKAL,
BENGLAURU.
… PETITIONER
(BY SRI. SRINIVAS B. NAIK, ADVOCATE)

AND:

THE STATE OF KARNATAKA
THROUGH NAREGAL P.S.,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
… RESPONDENT

(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., SEEKING TO GRANT ANTICIPATORY BAIL TO THE
PETITIONER IN CRIME NO.115/2017 OF NAREGAL POLICE
STATION, REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 323, 498A, 504, 506 OF IPC, INSOFOR AS
THE PETITIONER IS CONCERNED.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
Crl.P No. 100453/2018

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ORDER

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

seeking anticipatory bail in Crime No.115/2017 registered

by Naregal Police for the offences punishable under

Sections 323, 498A, 504 and 506 of IPC.

2. The petitioner is the husband of the

complainant. Their marriage was performed on

15.11.2014. The allegation made in the complaint is that,

the complainant had delivered a child and has been staying

in her parents’ house, but the petitioner, her husband, did

not come to take her back and he has been abusing and

assaulting her and subjecting her to mental and physical

cruelty. It is alleged that on 25.08.2017 at about 12 noon,

the petitioner came to the house of her parents at Abbigeri

and without any reason abused her in vulgar language and

assaulted her on her face and all over the body.

3. Having regard to the nature of allegations

made against the petitioner, no prejudice would be caused

to investigation if the petitioner is enlarged on bail. The

allegations appear to have been leveled against the
Crl.P No. 100453/2018

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petitioner in the context of the strained matrimonial

relationship between the parties. The custodial

interrogation of the parties may not be necessary. Hence

the following:

ORDER

The petition is allowed.

The petitioner/accused, Sri. N. Umesh, S/o. M.

Nagaraj, is directed to appear before the Investigating

Officer in Crime No.115/2017, within 15 days from the

date of this order.

On his appearance, the Investigating Officer shall

interrogate the petitioner and shall enlarge him on bail on

the same day on obtaining a bond for a sum of

Rs.1,00,000/- (Rupees One Lakh Only) with one surety for

the likesum to his satisfaction and subject to further

conditions that;

(i) The petitioner shall appear before the
Investigating Officer as and when
required.

(ii) The petitioner shall co-operate in the
investigation.

Crl.P No. 100453/2018

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(iii) The petitioner shall not threaten or lure
the prosecution witnesses and shall not
tamper with the witnesses or evidences.

(iv) The petitioner shall mark his attendance
in Naregal Police Station on the last
working day of the calendar month until
the submission of the final report.

Sd/-

JUDGE

gab

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