Karnataka High Court
Sri. Sudendra M N vs State By on 7 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:27617
CRL.P No. 4284 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4284 OF 2023
BETWEEN:
SRI. SUDENDRA M. N.,
S/O NAGARAJA N.,
AGED ABOUT 42 YEARS,
R/AT NO.849, 1ST FLOOR,
1ST CROSS WEST BLOCK,
VISHWANEEDAM POST, UPKAR LAYOUT,
BENGALURU - 560 091.
...PETITIONER
(BY SRI. MANJUNATH B. R., ADVOCATE)
Digitally
signed by
NANDINI
AND:
MS
Location:
High Court STATE BY JNANABHARATHI
of Karnataka
POLICE STATION, BENGALURU,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. S. VISHWA MURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C PRAYING PLEASED TO ENLARGE THE PETITIONER
ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.87/2023 OF
JANANABHARATHI POLICE STATION, BENGALURU CITY FOR
THE OFFENCE P/U/S.498-A, 323, 325, 504, 506 OF IPC
PENDING ON THE FILE OF IX ACMM AT BENGLAURU AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:27617
CRL.P No. 4284 of 2023
ORDER
Accused No.1 in Crime No.87/2023 registered by Jnanabharathi Police Station, for the offence punishable under Sections 498-A, 325, 323, 504 and 506 of IPC, is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. On the basis of the complaint lodged by Smt.Kavitha Sharma w/o of the petitioner herein dated 18.04.2023, Jnanabharathi Police have registered F.I.R. in Crime No.87/2023 against the petitioner for the aforesaid offence. In the complaint it is stated that on 14.04.2023 petitioner had gone to Mysuru and on his way he had called the complainant and informed her to leave the matrimonial house. Accordingly, the complainant left the matrimonial house along with her belongings and also took her daughter with her. On the next day at about 7.30 am, petitioner allegedly called the complainant and asked her to come to his house as he intended to talk, accordingly -3- NC: 2023:KHC:27617 CRL.P No. 4284 of 2023 the complainant went to the house of the petitioner along with her father. Petitioner allegedly requested the complainant to stay with him, but she refused and returned to her parents house. On 17.04.2023 at about 3.00 pm petitioner once again allegedly called the complainant seeking co-operation for filing mutual divorce petition and for the said purpose, complainant allegedly went to the house of the petitioner on 17.04.2023 along with her child and her father. At that time, petitioner allegedly forced the complainant to stay with him, but she had refused and when the father of the complainant tried to interfere, the petitioner abused him and also assaulted him causing fracture to the finger of his right hand. Petitioner also allegedly assaulted the mother of the complainant and she sustained bleeding injuries. Thereafter, they went to the hospital and took treatment and on the next day i.e., on 18.04.2023 at about 1.00 pm, complaint was lodged by Smt.Kavitha Sharma. Based on this, F.I.R. was registered against the petitioner in Crime No.87/2023. Apprehending his arrest in the said case, -4- NC: 2023:KHC:27617 CRL.P No. 4284 of 2023 petitioner filed Crl.Misc.No.3974/2023 before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH-46), which was dismissed on 02.05.2023. It is under these circumstances, petitioner is before this Court.
4. Learned counsel for the petitioner has reiterated the grounds urged in the petition and prays to enlarge the petitioner on anticipatory bail.
5. Per contra, the learned HCGP has opposed the bail application and submits that father of the complainant has suffered grievous injuries and therefore, petitioner is not entitled for anticipatory bail.
6. Marriage of the petitioner with the complainant was solemnized on 18.08.2008 and from the said wedlock they have a girl child. It appears that there is a longstanding matrimonial dispute between the complainant and the petitioner. Material on record go to show that in the year 2013 itself, divorce petition was filed by the complainant, which was subsequently settled out of Court. In the incident that had taken place on -5- NC: 2023:KHC:27617 CRL.P No. 4284 of 2023 17.04.2023, the petitioner allegedly assaulted his father- in-law and as a result he has suffered fracture to the finger of the right hand. There is no other allegation in the complaint that, petitioner has assaulted his father-in- law using any weapon. The reading of the complaint averment would go to show that, petitioner allegedly assaulted his father-in-law on provocation. Having regard to the injuries suffered by the petitioner's father-in-law, Section 325 of IPC has been invoked in the present case. Considering the nature of allegation made in the complaint, the question whether Section 325 of IPC would be attracted in the present case or whether Section 335 of IPC would get attracted is debatable. Except the allegation of assault on his father-in-law, which has caused grievous injury, there are no other serious allegations against the petitioner in the complaint. For the offence punishable under Section 335 of IPC, maximum punishment provided is only four years. Under these circumstances, I am of the view that, petitioner has made -6- NC: 2023:KHC:27617 CRL.P No. 4284 of 2023 out a prima facie case for grant of anticipatory bail. Accordingly, the following:
ORDER The petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.87/2023 registered by Jnanabharathi Police Station for the offences punishable under Sections 498-A, 325, 323, 504 and 506 of IPC, subject to the following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.
b) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
c) The petitioner shall not tamper with the prosecution witness and he shall co-operate -7- NC: 2023:KHC:27617 CRL.P No. 4284 of 2023 with the police for investigation and appear before them whenever called upon.
SD/-
JUDGE GPG List No.: 1 Sl No.: 41 CT:PH