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Salman Faris @ Saleman Farasu vs State Of Karnataka on 25 November, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF NOVEMBER, 2019

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO. 7770/2019

BETWEEN

SALMAN FARIS @ SALEMAN FARASU
S/O M.K ALI
AGED 32 YEARS
R/AT 7-33 NAVOOR HOUSE
GANDHI NAGARA, SULLIA KASABA
SULLIA TALUK
D.K. DISTRICT – 574 239
… PETITIONER

(BY SRI. ABDUL ANSAR P., ADVOCATE)

AND

STATE OF KARNATAKA
BY SULLIA POLICE STATION
D.K. DISTRICT
REP. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU – 560 001 … RESPONDENT

(BY SRI. ROHITH B.J, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CR.NO.77/2019 OF SULLIA POLICE STATION, D.K., FOR
THE OFFENCE P/U/S 323, 498A OF SectionIPC.
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THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Heard the learned counsel for the petitioner and

the learned HCGP for the Respondent -State. Perused

the records.

2. The petitioner is the sole accused in Crime

No.77/2019 of respondent-Sullia Police Station, Sullia

Taluk, D.K. District for the offences punishable under

Sections 323 and Section498-A of IPC, which is now pending

before the Court of Principal Civil Judge(Junior Division)

and JMFC Court at Sullia, D.K. District.

3. The petitioner is no other than the husband of

the complainant/victim lady. Their marriage took place

about 13 years ago. It is alleged that, about six months

prior to the incident, when his wife (victim lady) was

talking with somebody over mobile phone, the

petitioner suspected her conduct and since then he

started ill-treating and harassing her. In that context,

on 29.09.2019 in the night hours, by picking-up quarrel
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with his wife, the petitioner alleged to have assaulted

her with his hands, due to which, on 30.09.2019 at

about 6.00 a.m., the victim lady consumed rat cream,

(rat poison). Immediately she was admitted to the

hospital and after discharge she went to her parents’

house. In that context a complaint came to be lodged

and the police have registered a criminal case against

the petitioner. Apprehending his arrest at the hands of

the respondent-police, the petitioner is before this court

seeking for Anticipatory Bail.

4. The facts and circumstances of the case

reveal that, the petitioner and the victim were lived as

husband and wife for about 13 years and after such a

long time, it is stated that the petitioner started

suspecting the fidelity of his wife (victim).

5. At this stage, there is no material to show

any thing about the behavior and conduct of both the

petitioner and the victim lady and as to how they were

responding to each other. Therefore, the aspects that,

there was any harassment or ill-treatment and if it was
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there, would it be sufficient to drive a woman to commit

suicide, have to be thrashed out during the course of

full-dressed trial. Normally in matrimonial matters the

court should always be slow in sending the husband and

his family members to jail. Otherwise, the possibilities

of compromise between the parties will become bleak.

Therefore, I am of the opinion that the petitioner is

entitled to be enlarged on Anticipatory Bail with certain

stringent conditions. Hence, the following,-

ORDER

The petition is allowed. Consequently, the
petitioner/accused-Salman Faris @ Saleman Farasu
shall be released on bail in the event of his arrest in
connection with Crime No.77/2019 of respondent-Sullia
Police Station, Sullia Taluk, D.K. District for the offences
punishable under Sections 323 and Section498-A of IPC, which
is now pending before the Court of Principal Civil Judge
and JMFC at Sullia, D.K. District, on the following
conditions:-

i) The petitioner shall surrender himself before the
concerned Investigating Officer within Ten days from
the date of receipt of a certified copy of this order and
he shall execute a personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only) with two
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sureties for the like-sum to the satisfaction of the
concerned Investigating Officer.

ii) The petitioner shall not indulge in hampering the
investigation or tampering the prosecution witnesses.

iii) The petitioner shall co-operate with the
Investigating Officer to complete the investigation, and
he shall appear before the Investigating Officer as and
when called for.

iv) The petitioner shall not leave the jurisdiction of
D.K. District without prior permission of the Court, till
the charge sheet is filed or for a period of three months
whichever is earlier.

v) The petitioner shall mark his attendance once in a
week ie, on every Sunday between 10.00 am and 5.00
pm., before the Investigating Officer for a period of two
months or till the charge sheet is filed, whichever is
earlier.

Sd/-

JUDGE

KGR*

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