IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8492 OF 2018 BETWEEN:
Pandyan S/o Jaipal Aged about 38 years R/at No.301, 3rd Cross Lakshmanapuri Gandhinagara Bengaluru City – 560 009 ... Petitioner (By Dilraj Jude Rohit Sequeira, Advocate) AND:
The State by Sheshadripuram Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru – 560 001 ... Respondent (By Sri K.P.Yoganna, HCGP) This Criminal Petition is filed under section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.83/2018 of Sheshadripuram Police Station, Bengaluru, for the offences punishable under Sections 427, 307, 504 and 506 of IPC.
This criminal petition coming on for orders this day, the Court made the following:
ORDER Sheshadripuram police have registered Crime No.83/2018 against the petitioner for the offences punishable under Sections 427, 307, 504 and 506 of IPC, on the basis of the complaint of his wife-Radha.
2. The petitioner and the complainant were married about 12 years back and they have four children. It is alleged that the petitioner was addicted to alcohol and on 11.09.2018 at 09.30 pm, pestered the complainant for money to have alcohol. It is alleged that when she declined, he destroyed the fan and tiles of the house and released the cooking gas in the house and attempted to commit murder of the complainant and her children and she escaped to her parents house with her children. It is further alleged that the petitioner chased them, bolted inside the house of her parents, set the said house on fire and attempted to commit their murder.
3. Learned counsel for the petitioner submits that the incident was common squabble of the domestic life and now the petitioner, his wife and children are living together.
4. Learned HCGP submits that there is sufficient material to show that the petitioner has committed the offences alleged against him and if anticipatory bail is granted, he is likely to repeat the offences.
5. The C.D. records contain the statements of the victim, eye witnesses and mahazars. At this stage, the said records show that the petitioner has destroyed the ceiling fan and tiles of his house and ceiling of the house of complainant’s mother and also set fire. The petitioner’s wife and children are the eye witnesses to the incident. The case is still under investigation. At this stage, if anticipatory bail is granted, there is likelihood of petitioner tampering the witnesses and repeating the offences. Therefore, it is not a fit case to grant anticipatory bail.
Therefore, the petition is dismissed.
Sd/- JUDGE Kmv*