Research › Search › Judgment

Karnataka High Court · body

2015 DIGILAW 515 (KAR)

Chandra v. State of Karnataka

2015-05-07

B.MANOHAR

body2015
ORDER B. Manohar, J. 1. Petitioner is accused No. 4 in Crime No. 54/2015 registered by the Kikkeri Police for the offences punishable under Sections 143, 504, 506, 324, 302 read with Section 149 of IPC. It is the case of the Prosecution that on the basis of the complaint lodged by one Smt. Nagendramma wife of Devarajegowda, a case was registered in Crime No. 54/2015 by Kikkeri Police against the petitioner and others. In the complaint, it was alleged that on 23.03.2015, some persons had assaulted the son of the complainant on his head with chopper. The complainant took his son to the Mysuru Hospital. The police had taken the husband of the complainant to the Police Station in respect of the alleged complaint said to have been given by Puttegowda and others. From the Police Station, he was taken by the petitioner in his motorbike. Thereafter, the whereabouts of the husband of the complainant was not known. Only on 25.03.2015, the dead body of the husband of the complainant was hanging near their land. The complainant had lodged a complaint against the petitioner and others. On the apprehension of arrest, the petitioner has filed this petition under Section438 of Cr.P.C. seeking for anticipatory bail before the IE Additional District and Sessions Judge, Mandya. However, the said application came to be rejected on 29-04-2015. Hence, the petitioner has approached this Court seeking for anticipatory bail. 2. Learned counsel appearing for the petitioner has produced Marriage Invitation Card of the petitioner and also his engagement photographs to show that his marriage has been fixed with Chi. Sou. T. Sahana on 13th and 14th May, 2015. If the anticipatory bail is not granted, the petitioner will be put to irreparable injury and the marriage of the petitioner with T. Sahana has to be stalled. Hence, he requested that, till the completion of marriage, he may be granted anticipatory bail. 3. Learned Government Pleader appearing for the respondent contended that investigation is not yet completed and charge-sheet has not been filed. At this stage, if the petitioner is granted anticipatory bail, he is likely to destroy the evidence and hence sought for dismissal of the petition. 4. I have carefully considered the arguments addressed by the learned counsel for the parties, perused the order impugned and other relevant records. 5. At this stage, if the petitioner is granted anticipatory bail, he is likely to destroy the evidence and hence sought for dismissal of the petition. 4. I have carefully considered the arguments addressed by the learned counsel for the parties, perused the order impugned and other relevant records. 5. The invitation card produced by the petitioner clearly discloses that his marriage has been fixed on 13th and 14th of May, 2015 at Channambika Samudaya Bhavana, Holenarasipura. The petitioner undertakes that he will co-operate with the police and he would surrender before the Police after the marriage and he may be granted anticipatory bail. In the facts and circumstances of the case, since the marriage of the petitioner has been fixed on 13th and 14th of May, 2015, it is appropriate to grant temporary anticipatory bail subject to certain conditions. Accordingly, the petition is allowed. The petitioner shall be released on bail, in the event of his arrest by the Kikkeri Police in Crime No. 54/2015, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs. 1,00,000/- with one solvent surety for the like sum to the satisfaction of the jurisdictional police; (ii) The petitioner shall not tamper with the prosecution witness and evidence; (iii) The petitioner shall co-operate for investigation and shall appear before the Police regularly as and when he is required for investigation. This order of anticipatory bail shall remain in force, till 30th May, 2015. On or before 30th May, 2015, the petitioner shall surrender before the Jurisdictional Police for further investigation. It is open to the petitioner to approach the appropriate Court seeking for regular bail.