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2013 DIGILAW 2 (KAR)

Venkatesh Naik v. State of Karnataka by Mahila Police Station, Shimoga

2013-01-02

K.N.KESHAVANARAYANA

body2013
Judgment : 1. Apprehending his arrest by the respondent Mahila Police, Shimoga in connection with case registered in Crime No.115/12 for the offences punishable under Sections 114, 307, 324, 342, 506 read with Section 34 of IPC, the petitioner arraigned as accused No.1 has presented this petition under Section 438 of Cr.P.C. seeking the relief of anticipatory bail. 2. The petition is opposed by respondent-State. 3. I have heard both sides and perused the records made available. 4. Petitioner is the husband of the complainant-Smt. Kusuma B. Their marriage was solemnized on 7.5.1999. From the said wed lock, they have two sons who are presently aged about 12 and 10 years. According to the prosecution, the aforesaid case came to be registered on the basis of the complaint lodged by Smt. B. Kusuma on 12.10.2012. In the complaint, inter alia it was alleged that the complainant has been subjected to physical and mental cruelty by her husband and also relatives of her husband by coercing her to bring further dowry from her parental home and on several occasions there were attempts to do away with her life. Admittedly, the petitioner has been arraigned as accused in the aforesaid case registered for non-bailable offences. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded. 5. Learned Counsel for the petitioner contended that the present complaint came to be filed only as an afterthought and as a counter blast to the complaint lodged by this petitioner against his wife and her brother-in-law one Krishna Naika on 4.9.2012 based on which, case in Crime No.313/2012 for the offences punishable under Sections 504 and 506 read with Section 34 of IPC came to be registered. Even according to the allegations made in the complaint lodged by Smt. Kusuma, for the last five months prior to the lodging of the complaint, she (complainant) has been residing in her parental home. Perusal of the documents produced would prima facie indicate that the petitioner lodged complaint on 4.9.2012 against, his wife and her brother-in-law making serious allegations. Even according to the allegations made in the complaint lodged by Smt. Kusuma, for the last five months prior to the lodging of the complaint, she (complainant) has been residing in her parental home. Perusal of the documents produced would prima facie indicate that the petitioner lodged complaint on 4.9.2012 against, his wife and her brother-in-law making serious allegations. Having regard to the facts and circumstances of the case and having regard to the fact that the present complaint came to be filed after a month of the petitioner filing the complaint against his wife and Co-brother, in my considered opinion, there are no reasonable grounds to believe that the petitioner is guilty of any of the offences alleged. Therefore, the petitioner is entitled for the relief of anticipatory bail. 6. Hence, the petition is allowed. The respondent-Mahila Police Shimoga are directed to release the petitioner on bail in the event of his arrest in connection with case in Crime No.115/12 of the said Police Station, on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the Investigating Officer and also subject to further conditions that, i) Upon such arrest and release, the petitioner shall appear before the Investigating Officer as and when so required and co-operate in the investigation of the case; ii) The petitioner shall not indulge in any acts similar to the one alleged in the case; iii) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner and iv) The petitioner shall not leave the jurisdiction of the Court concerned without prior permission thereof.