Karnataka High Court
Sri Murali V vs The State Of Karnataka on 5 February, 2018
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2018
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.10236/2017
BETWEEN:
Sri Murali V
S/o Venkataraju
Aged about 29 years
R/at Byramangala Village
Denkanikote Taluk
Krishnagiri District-451 103.
State of Tamil Nadu. ... PETITIONER
(By Sri Fayaz Sab B G, Adv.)
AND:
The State of Karnataka
By S.H.O. Hulimavu Police Station
Represented by the
Special Public Prosecutor
High Court of Karnataka
Bengaluru-560 001. ...RESPONDENT
(By Sri Chetan Desai, HCGP)
This Criminal Petition is filed under Section 438 of the
Cr.P.C. praying to enlarge the petitioner on bail in the event
of his arrest in Cr.No.265/2016 of Hulimavu P.S., Bengaluru
and C.C.No.27514/2016 on the file of V Addl. C.M.M.,
Bengaluru for the offences P/U/Ss 498(A), 323 and 324 of
IPC.
2
This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
This petition is filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 498(A), 323 and 324 of IPC registered in respondent police station Crime No.265/2016.
2. The prosecution case in brief is that, the complainant married the present petitioner on 28.11.2015. After the marriage she started to lead her matrimonial life in the house of the petitioner at Tamil Nadu. At that time, the husband and other family members used to assault her and abuse her and also were giving ill-treatment and harassment to her. She 3 informed the same to her senior uncle and he took the complainant to his house at Hulimavu village. On 1.5.2016 at about 3.00 p.m. petitioner and their family members along with the elders of the village came to the house of senior uncle of the complainant and talked to him and resolved the differences between the complainant and her husband. It was decided therein that the complainant should again go to her husband's house. She agreed to go to his house and on the same day during night at 10.00 p.m. petitioner went to his room for sleeping, so also, the complainant. At that time, all of a sudden, the petitioner and his other family members picked up quarrel with the complainant, assaulted her with hands. They snatched the veil from the complainant and tied the mouth of the complainant and taking a blade caused injuries to her. When she screamed, her senior uncle came and pacified. Subsequently, she was taken to the Nursing Home, 4 where she got the treatment. Thereafter, she lodged the complaint. On the basis of the said complaint case was registered for the above said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the order of the learned Sessions Judge rejecting the bail application of the petitioner.
5. The petitioner has denied the allegations made in the complaint stating that there is a false implication. 5
6. The alleged incident as per the complaint averments is not in the house of the petitioner herein, but it is in the house of senior uncle of the complainant. The offences alleged are not exclusively punishable with death or imprisonment for life and are triable by the Magistrate Court. Petitioner has undertaken to abide by any reasonable conditions to be imposed by the Court. It is also submitted that investigation is completed and charge sheet is also filed. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be admitted to anticipatory bail.
7. Accordingly, petition is allowed. The respondent-Police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 498(A), 323 and 324 of IPC registered in respondent police station Crime No.265/2016, subject to the following conditions: 6
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/-
JUDGE bkp