Karnataka High Court
Sri Siddeshwara vs The State Of Karnataka on 5 February, 2010
'1' 'RAIA SUBRAMANYA BHAT,HCGR.) IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 05TH DAY OF FEBRUARY 2010, BEFORE THE I-1ON'BLE MR. JUSTICE AS,PACH,HARU:R,E"~T.,i: " CRL.P. No. 633? OF 200B} " % BETWEEN: SRI SIDDESHWARA AGED ABOUT 28 YEARS, S/O.NAGARAJU _ R/O.GANIAM TOWN.) , , I SRIRANGAPATNA TALUK IVIANDYA DISTRICT-~-- ' , PETITIONER (BY M/S_LE_>< N'FExUS",.ADv.)',_ AND: THE STATE".OF"I<AR.N'ATA.KA REP, BY THE STATI.QN..,HQUSE OFFICER SRIRANGAPATNA PO--I,IC'E STATION SRIRAE\i-GAPATNA, ' ~ _Iv:ANDYA DISTRICT TTTTT ...RESPONDENT *>§<* ""'--~THI'S»R7ETITION IS FILED U/S. A38 CR.P.C BY THE ».ADvOO.ATE FOR THE PETITIONER PRAYING THAT THIS ='._HON_fBLE~ COURT MAY BE PLEASED TO ENLARGE THE '.P"E,TI"l"__TONER ON BAIL, IN THE EVENT OF HIS ARREST IN C.RIIvi'E NO. 535/2009 OF SRIRANGAPATNA POLICE STATION, FOR THE OFFENCES P/U/S 498A AND 806 R/W 34 -OF IPC,ETC., THIS PETITION IS COMING ON FOR ORDERS THIS DAY THIS COURT MADE THE FOLLOWING:-- ORDER
This petition is filed by the petitioner'ap:p'r.éh~e:ridAirio'"
arrest for the offence punishable f 306 read with Section 34 rr>e___in c5.'No. aS'V3'5/O:42__(.)O':3T; or Srirangapatna Police Station.
2. The facts reflex/'ant~--,~lfo:'r of this petition are as u n'd_e'_r.:
Them petit-i--o:'ner I is-.VDOD'theV:_"'hus§band of deceased - DhanalakshmiDVVan,d,_theirr.m'ar_riage was performed two years prior to the'inciclent';'.y" Befoirefithe marriage there was love affaiV'r.;fb'et.ween'*th_em. "After the marriage she went to the housle ofnlthepetitioner to live a happy married life and for was looked after properly by the petiOt"i--one'r'a'n«tl her inwlaws. Thereafter, they started causing _._r;'_"---.y,.V1Ce*rJ.ae__lty"and harassment saying that she has dark I complexion. Her husband also started consuming liquor and "used to abused and assault her. Through their wedlock a €>4..\
4. The learned Government Pieader submits that the incident occurred on O1--11*2009 at night 1--30A,i{lVi'».a:lnd that the deceased survived for 11 days.
she also filed complaint making aliegation harassment against her husband and Executive Magistrate recorded~'lVci'*«,r.iVng she has spoken that petitioner perso:n:l':resVpensibie for her death, as he __to cruelty and harassment. Ondthvese Government Pieader submits entitied to the anticipato_ryVgVba~illisoiught 4, it
5. Heard counsel for petitioner and the learned _Gove"r'nrneni;'V..Ple.ad'e~'r. 'A :_Th'e._p0int that arise for my consideration is ;a;et'i'tioner is entitled for anticipatory baii as . sought Though it is submitted that there is love ,.._jmairriage between the deceased and the petitioner it may be uifthat the iove came to an end after the marriage. It is K stated in the compiaint of the deceased that for a period of three months the petitioner iooked after her properiyd.._an.d thereafter he started consuming liquor and house in intoxicated condition and assaulting'*tierj~an~d:: aisoi"
abusing her in fiithy iangiiage. It the deceased that her parrentwiniiauyvs aliegations that she was of corripIe>'<_ui:o:n and aiso subjected her for crueitv'-arid' Thestatement and also dying deciaration...recorded:,Lpv.«'ttie':Ta'i'uka Executive Magistrate deceased was siibjectedwto petitioner and his parents.
8. _TheLprovisio.ns7,ofv.--§§ection 438 Cr.P.C. provide the«--.re|ief5'ofi»_..cgrant ot"a-nticipatory baii in the event of a person ia"ppr'ehe.n'it€ij'ng arrest for a non--bai|ab|e offence. i"'i.....DiscretiAon'h vehsteidiriin the Court has to be exercised in ..%_ij'_j.ex_ce,ptionai~~'cases oniy to protect the interest of the '._'_'v"piersons,i"those who are innocent and falseiy implicated. 04 \;..}{: Q' (1
9. The perusai of the dying deciaration of the deceased and also her complaint prima facie revea.i""~tphe invoivement of the petitioner for the offence V. under Secuon 498--A and 306 1pc. In thapifiewgorihef matter I am of the opinion that thisihjiwew hoti_Va'~._fit:'c.a:Se_wh*e're":
anticipatory baii could be granted. 'Hence, I.:;aArisw.erfltii§*. aforesaid point in the negative"t'e»ah»d procewedi:'EoAV'"paVV§'S'the foiiowing order;
The petition iSjdd§,.sV.rh'i'::seci:§i'.'j2 : it i or Sd/* JUDGE