IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8766/2017 Between:
Smt.Lalitha, W/o Nagabhushan, Aged about 50 years, Occ:Household work, R/o Bagilagaddemane, Byredavaru village, Shanthigrama Post, Koppa Taluk, Chikkamagaluru District – 577 126. ...Petitioner (By Sri Ravindra B.Deshpande, Advocate) And The State of Karnataka, By Jayapura Police Station, Chikkamagaluru District – 577 123. ...Respondent (By Sri.Chetan Desai, HCGP) This criminal petition is filed under Section 438 Cr.P.C praying to enlarge the petitioner on bail in the event of her arrest in Cr.No.79/2017 of Jayapura Police Station, Chikkamagaluru Districrt for the offence p/u/s 504, 506, 307, 302 r/w 34 of IPC.
This Criminal petition is coming on for orders this day, the court made the following:
ORDER This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C., seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of her arrest for the offences punishable under Sections 504, 506 and 307 read with Section 34 of IPC, registered in respondent police station Crime No.79/2017. After the death of wife of the complainant Smt.Kushala Shetty, the offence punishable under Section 302 of IPC also came to be inserted in the case.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
3. Learned counsel for the petitioner made submission, looking to the prosecution material in the complaint there are no specific allegation about the alleged assault by this petitioner. It is also his submission that, the husband of petitioner also submitted a letter requesting for their protection, which is treated as NCR by the police. He also made a submission that, in respect of landed properties, complainant filed a suit, which came to be dismissed. Appeal preferred by the complainant also came to be dismissed. Looking to the materials at this stage there is no prima-facie case as against the present petitioner/accused No.3. Hence, prays to allow the petition.
4. On the contrary, learned High Court Government Pleader submits that, looking to their contention that they filed a complaint, which was treated as NCR by the Police, that itself goes to show the commission of offence. He also submitted that the matter is still under investigation, at this stage, the petitioner is not entitled for bail. Hence, he sought for dismissal of the petition.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the order passed by the learned Sessions Judge dismissing the bail application.
6. Looking to the materials placed on record, the matter is still under investigation, I am of the opinion that the petitioner is not entitled to anticipatory bail. Hence, petition is hereby rejected. However, liberty is given to the petitioner to approach the concerned Court after completion of investigation and filing of final report.
Sd/- JUDGE MR