IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE 2019
THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.1812/2019
Aged about 35 years,
Residing at, Machohalli,
Bengaluru Rural District. … Petitioner
(By Sri Rajesh A., Advocate)
State of Karnataka,
Madanayakana Halli Police Station,
Bengaluru Rural District.
Represented by SPP,
High Court Building,
Bangalore – 560 001. … Respondent
(By Sri K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 439 of the
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.418/2018 (S.C. No.359/2018) of Madanayakana Halli,
Bangalore for the offences p/u/s 498A, 307 r/w 149 of SectionIPC.
This Criminal Petition coming on for orders this day,
the Court, made the following:
The petitioner is seeking to be enlarged on bail in
connection with his detention pursuant to proceedings
in Crime No.418/2018 for the offences punishable
under Sections 498A, Section307 read with Section 149 of IPC.
2. The case of the prosecution is that the
complainant’s mother had lodged a complaint alleging
that petitioner-accused No.1 has assaulted his wife with
stone and tried to strangulate with veil and public came
to the rescue of the victim.
3. The facts made out in the complaint was
that the petitioner-accused No.1 and the daughter of the
complainant were married about ten years ago and had
two children. It is stated that the daughter of the
complainant was residing with her mother for about two
months. On 30.07.2018, the accused No.1 had called
complainant’s daughter to his brother’s house and the
complainant’s daughter was assaulted on the said day.
On 31.7.2018, the petitioner-accused had taken his son
to drop him to school and the wife of the petitioner had
left her mother’s house to go school when an altercation
is said to have occurred. The complaint was lodged and
pursuant to FIR investigation was conducted and
charge sheet was filed. It is stated that the petitioner is
in custody since 01.08.2018.
4. Further, learned counsel for the petitioner
states that the wife of the petitioner has discharged on
8.8.2018. The petitioner states that he is an employee
of a local authority.
5. Taking note of the fact that the petitioner is
employed in Grama Panchayat, which is a local body
and that history of differences between the petitioner
and his wife and also taking note of the fact that
investigation is complete, it is a case for enlarging the
petitioner on bail, subject to conditions.
6. Accordingly, the petition is allowed and the
petitioner is entitled to be enlarged on bail, subject to
(i) The petitioner shall execute a personal
bond of Rs.1,00,000/- (Rupees one
lakh only) with one surety for the like
sum before the concerned Court.
(ii) The petitioner shall fully co-operate
with the expeditious disposal of the
trial and shall not indulge in any
criminal activities henceforth.
(iii) The petitioner shall not tamper with
evidence, influence in any way any
(iv) Any violation of the aforementioned
conditions by the petitioner shall result
in cancellation of bail.