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Narasimha Murthy vs State Of Karnataka on 6 June, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF JUNE 2019

BEFORE

THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV

CRIMINAL PETITION No.1812/2019
Between:
Narasimha Murthy,
S/o Ganganna,
Aged about 35 years,
Residing at, Machohalli,
Nelamangala,
Bengaluru Rural District. … Petitioner

(By Sri Rajesh A., Advocate)

And:

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:
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ORDER

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.
3

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.
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6. Accordingly, the petition is allowed and the

petitioner is entitled to be enlarged on bail, subject to

following conditions:-

(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
witness.

(iv) Any violation of the aforementioned
conditions by the petitioner shall result
in cancellation of bail.

Sd/-

JUDGE
VGR

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