IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.3107 OF 2017 BETWEEN:
Shivamurthy, S/o Chikkundashetty, Aged about 27 years, R/at Raghavapura Village, Gundlupet Taluk, Chamarajanagar District – 571 440.
(By Sri:Nagaraju H.R., Adv for Sri.M. Sharan Chandra, Adv.) AND:
State of Karnataka By Chamarajanagar Women P.S., Chamarajanagara District – 571 440. (Represented by State Public Prosecutor).
(By Sri:S. Vishwamurthy, HCGP) ...Petitioner ...Respondent This Crl.P. 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.04/2017 of Chamrajanagara Women Police Station, Chamarajanagara for the offence P/U/S 341, 448 and 354 of IPC.
This Crl.P. coming on for Orders this day, the Court passed the following:
ORDER Petitioner apprehends arrest by respondent police in Crime No.4/2017 registered for the offences under Sections 341, 448 and 354 of IPC.
2. The allegation is, on the night of 16.02.2017, the petitioner knocked the door of complainant, forcibly got entering into the house and attempted to molest her; on the complainant’s shouting, her in-laws and relatives rushed to the spot and the petitioner disappeared from the spot.
3. Learned counsel for the petitioner submits that there is delay of five days in lodging the complaint. In fact, the petitioner had lodged a complaint against the nephew of the complainant’s husband namely Ravi and two others on 17.02.2017, in respect of an incident that had occurred on the night of 16.02.2017. On coming to know the registration of the case, the complainant as a after thought and lodged this petition. He apprehends torture at the hands of the police. If the Anticipatory bail is granted, he will appear before the Investigating Officer and co-operates to the investigation.
4. In the light of the above, the petition is allowed.
Petitioner is granted Anticipatory bail in Crime No.4/2017 subject to conditions:-
i) In the event of his arrest, he shall be released on bail on executing a self bond of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court subject to condition that he shall immediately appear before the Investigating Officer.
ii) Investigating Officer is at liberty to interrogate him.
iii) He shall not threaten or prevail upon the complainant or his family members.
MH/-
Sd/- JUDGE