IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2018
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.7802/2018
S/O K SRINIVASAPPA
AGED ABOUT 33 YEARS
VILLAGE, VIJAYAPURA HOBLI
BANGALORE RURAL DISTRICT.
PRESENTLY RESIDING AND WORKING AT
No.3/7, 1ST CROSS, GUNDAPPA LAYOUT
BYASANDRA VILLAGE, C V RAMAN NAGAR
BANGALORE – 560 093.
(BY SMT. R SHAMA, ADVOCATE)
STATE OF KARNATAKA
BY VIJAYAPURA POLICE
REP. BY SPP, HIGH COURT
BANGALORE – 560 001.
(BY SRI I S PRAMOD CHANDRA, SPP-II)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR. No.185/2018 OF VIJAYAPURA POLICE
STATION, BANGALORE FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 498A, 307, 114 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
This Criminal Petition is filed under Section 439 of
Cr.P.C. seeking to enlarge the petitioner on bail in
Crime No.185/2018 of Vijayapura Police Station, for the
read with Section 34 of IPC.
2. The substance of the complaint as could be
seen from the certified copy of the orders passed in
Crl.Misc.15406/2018 dated 11.10.2018 on the file of
the V Additional District and Sessions Judge,
Devanahalli, Bengaluru Rural District is that, the
complainant Smt. Kavitha N. is the wife of the
accused/petitioner herein and their marriage was
solemnized on 24.4.2011 and they started their marital
house at Godlamuddenahalli village. They lived happily
for 4 to 5 years. A child was born through the wedlock.
Complainant states that there was demand for dowry
from the accused and he also used to abuse the
complainant in filthy language. On 19.9.2018 accused
brought the complainant to her parent’s house situated
at Konaginabele village and on the way, he pushed her
from motor cycle and stopped the motor cycle and
threatened her with life and also assaulted her due to
which she sustained grievous injuries. A case came to
be registered against the accused in Crime
No.185/2018 for the aforesaid offences.
3. Heard learned counsel for the petitioner-
accused and learned SPP II for the respondent-State.
4. Learned counsel Smt. R. Shama for the
petitioner would submit that the complainant has
resorted to take revenge against the petitioner and filed
a case for the offence punishable under Section 498A,
for divorce to her. She would further submit that
petitioner is in judicial custody since 20.9.2018.
5. Learned SPP II for the respondent opposes the
grant of bail.
6. Considering the relationship between the
petitioner and the respondent-complainant and birth of
a child, I am of the view that there is no likelihood of
interference to the investigation. Thus, I find that no
prejudice would be caused to the ends of justice if the
petitioner is enlarged on bail.
7. Hence, the criminal petition is allowed. The
petitioner-accused is enlarged on bail in
Cr.No.185/2018 registered by the respondent-Police
subject to the following conditions;
i) The petitioner-accused shall execute a personal
bond for Rs.50,000/- with a solvent surety
owning and possessing immovable properties
for the likesum.
ii) The petitioner-accused shall not terrorize the
witnesses nor tamper the prosecution evidence
in any manner.
iii) The petitioner-accused shall not leave the
territory of the trial Court without prior
permission till the completion of the trial.