Karnataka High Court
Sri Basavaraju R vs State Of Karnataka on 23 May, 2024
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NC: 2024:KHC:17557
CRL.P No. 2619 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 2619 OF 2024
BETWEEN:
SRI. BASAVARAJU R.
AGED ABOUT 42 YEARS,
S/O RAMAIAH,
R/AT ANCHEPALYA VILLAGE,
KENGERI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE - 560 074.
...PETITIONER
(BY SRI. SHIVAKUMAR N., ADVOCATE)
AND:
STATE OF KARNATAKA
CHANDRASHEKAR
LAXMAN
KATTIMANI
BY KUMBALGUDU POLICE STATION,
HIGH COURT OF
KARNATAKA
REP BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT PREMISES,
DR. AMBEDKAR VEEDHI,
BENGALURU CITY - 560 001.
...RESPONDENT
(BY SMT. N. ANITHA GIRISH., HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ENLARGE
THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.0336/2023 FILED BY THE KUMBALGODU POLICE
STATION, AT BENGALURU FOR THE OFFENCE P/US/ 307 OF IPC,
PENDING ON THE FILE OF THE HON'BLE 2ND ADDL. CHIEF JUDICIAL
MAGISTRATE, BENGALURU RURAL DISTRICT AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:17557
CRL.P No. 2619 of 2024
ORDER
1. The petitioner-accused is before this Court seeking grant of anticipatory bail in Crime No.336/2023 of Kumbalagudu Police Station, registered for the offence punishable under Section 307 of Indian Penal Code (for short 'IPC'), on the basis of the complaint lodged by the complainant Smt.Geetha H.R. Brief facts of the case:
2. It is the case of the prosecution that the complainant married the petitioner herein in the year 2007 and had two children. It is alleged in the complaint that even after the marriage, the petitioner herein had extra marital affair. Having learnt that, her husband had extra marital affair, the complainant enquired the petitioner regarding the said extra marital affair. Whenever she questioned the said extra marital affair, he used to assault and abuse her and also harassing her on one or the other pretext. -3-
NC: 2024:KHC:17557 CRL.P No. 2619 of 2024
3. It is further alleged that on 10.02.2023 again when she questioned about the extra marital affair, the petitioner herein started assaulting and abusing her in a filthy language and consequently, she lodged a complaint before the respondent police. The respondent police have registered a case in Crime No.61/2023.
4. Even after lodging of the said complaint, on 13.10.2023, the petitioner went for shopping to bring ration for the purpose of celebrating the festival. On 14.10.2023 around 6.30 p.m., when the complainant again questioned about the extra marital affair, the petitioner assaulted her and started pressing her neck to commit murder. By that time, their son, namely, Harshith Gowda avoided the said incident and he had informed the said fact to the parents of the complainant. Thereafter, on the following day, a complaint came to be registered by the complainant before the jurisdictional police. The jurisdictional -4- NC: 2024:KHC:17557 CRL.P No. 2619 of 2024 police have registered a case in Crime No.336/2023 for the offence punishable under Section 307 of IPC.
5. Heard Sri.N.Shivakumar learned Counsel for the petitioner and Smt.N.Anitha Girish, learned High Court Government Pleader for the respondent-State. Perused the materials on record.
6. The learned counsel for petitioner vehemently submitted that the complainant was in the habit of taking control over her husband and when he refused to join with her, she started giving complaint one after the other. On 11.02.2023, the complainant had lodged a complaint stating that the petitioner was harassing her and also assaulted her by threatening with the dire consequences. Even after lodging of the complaint and registration of FIR, both the complainant and petitioner were residing together. However, on 15.10.2023, when the complainant learnt that the earlier complaint was not so severe, planned to lodge a complaint, accordingly, she was -5- NC: 2024:KHC:17557 CRL.P No. 2619 of 2024 waiting for an opportunity and lodged a complaint stating that the petitioner herein was attempting to commit the murder by pressing her neck, which is baseless and untrue.
7. It is further submitted that the petitioner is innocent of the alleged offence and he has been falsely implicated in this case. The alleged offence even though is punishable with imprisonment for life, the petitioner has not used any weapon with an intention to commit murder. The petitioner is ready to co- operate with the investigation and he is the permanent resident of Kengeri, Bengaluru and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submission, the learned counsel for petitioner prays to allow the petition.
8. Per contra, learned High Court Government Pleader vehemently opposed the bail petition and submitted -6- NC: 2024:KHC:17557 CRL.P No. 2619 of 2024 that the petitioner had intention to kill his wife, as he had extra marital affair with some other lady.
9. It is further submitted that the averments of the complaint clearly discloses the ingredients of the offence which is punishable under Section 307 of IPC. If the petitioner is enlarged on bail, there may be chances of committing the similar offence and there may be threat to the complainant. Therefore, his petition is required to be rejected. Making such submission, the learned HCGP prays to dismiss the petition.
10. After having heard the learned for the respective parties and also perused the averments of the complaint lodged by the complainant which indicates that the complainant started quarreling with the petitioner about his extra marital affair. However, the name of the paramour is not forthcoming either in the complaint or in the charge sheet. Mere making allegations about extra marital affair would not -7- NC: 2024:KHC:17557 CRL.P No. 2619 of 2024 sufficient to establish the said fact. Be that as it may, the said offence committed by the petitioner shows that he was allegedly pressing her neck to commit the murder and the same act has been avoided by their son.
11. Having considered the nature of the act committed by the petitioner and also inferred from the records that the petitioner was not using any weapons in committing the alleged attempt to murder, it is appropriate to grant him bail by imposing suitable conditions.
12. Accordingly, I proceed to pass the following:
ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.336/2023 of respondent Police Station on the following conditions: -8-
NC: 2024:KHC:17557 CRL.P No. 2619 of 2024 a. The petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer;
b. The petitioner is directed to appear before the jurisdictional police within a period of one month from today;
c. The petitioner shall not threaten or tamper the prosecution witnesses.
In case, the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.
Sd/-
JUDGE GPG/UN List No.: 2 Sl No.: 39