IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2017
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.4070/2017
1. Sri. Gautam Saraf
Son of Sri. Kishan Lal Saraf,
Aged about 32 years.
2. Sri. Kishan Lal Saraf,
Son of Sri. Sitaram Saraf,
Aged about 61 years.
3. Sri. Nikunj Saraf,
Son of Sri. Kishan Lal Saraf,
Aged about 28 years.
4. Sri. Shriram Saraf,
Son of Kishan Lal Saraf,
Aged about 25 years.
All the petitioners are residing
at A-301, Andromeda Block,
Dr. Rajkumar Road,
Bangalore -560 055. …Petitioners
(By Sri. Santhosh S. Gogi, Advocate)
The State of Karnataka
by Commissioner of Police,
Bangalore -560 001.
2. The State of Maharashtra,
Through the State House Officer,
Navghar Police Station,
Bhayander (E), Thane -401 105.
By State Public Prosecutor.
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in crime No.334/2016 of Navghar
Police Station, Bhayander (E), Thane, Maharashtra for
the offences p/u/s. 498(A), 354, 377, 323, 504, 506 r/w
34 of IPC.
This Criminal Petition is coming on for orders this
day, the Court made the following:
Learned HCGP takes notice for the respondent.
2. This is the second petition of this nature
before this Court by the petitioners pertaining to Crime
No.334/2016 registered by respondent-police in respect
of the offences punishable under sections 498A, 406,
354, 377, 323, 504, 506 read with 34 of IPC. In fact,
previous petition Crl. P. No.824/2017 is allowed by
order of this Court dated 25.01.2017 granting
anticipatory bail for a limited period of three weeks,
within which the petitioners were directed to appear
before the concerned court and move for regular bail.
3. Sri. Santosh S. Gogi, learned counsel for the
petitioners submits that because of the serious skin
problem suffered by the second petitioner, the entire
family was unable to appear before the concerned court
within the time granted by this Court in
Crl.P.No. 824/2017. If anticipatory bail is granted for
eight weeks the petitioners will appear before the
concerned court and participate in the proceedings. In
fact they have already offered to settle the dispute with
Smt. Priyanka Mittal, the complainant.
4. Learned HCGP for the State opposes the
petition stating that no valid ground is shown by these
petitioners to move the second petition without availing
the remedy granted to them in earlier petition.
5. However, in the interest of justice it is felt,
since it is a matrimonial dispute, untenably all the
members of the family of petitioners can be
accommodated to surrender before the concerned court
within three weeks.
6. Accordingly, the petition is allowed and
petitioners are granted anticipatory bail for a period of
three weeks in Cr. No. 334/2016 registered by the
respondent/Police. Within the above period they shall
surrender before the concerned Court and move for
regular bail. Till disposal of regular bail petition, this
order shall be in force. In the event of their arrest, in
respect of the above case by the Respondent-Police
within the above period, they shall be released on bail
on executing a self bond for a sum of Rs.50,000/-
(Rupees fifty thousand only) each with one surety for
the like sum to the satisfaction of the Investigating
In view of the disposal of the main petition, I.A.
No. 1/17 does not survive for consideration and the
same stands disposed of.