IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7687/2017 BETWEEN:
RAVI N.B. @ BOODESH AGED ABOUT 38 YEARS S/O LATE BASAVAIAH RESIDING AT NITTURU VILLAGE SALAGAME HOBLI HASSAN TALUK AND DISTRICT – 573 219.
(BY SRI SHIVARAMU H.C., ADV.) AND:
STATE OF KARNATAKA MADANAYAKANAHALLI POLICE STATION …PETITIONER BENGALURU – 560 009. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.398/2017 OF MADANAYAKANAHALLY P.S., BANGALORE DISTRICT FOR THE OFFENCES P/U/S 498A, 307, 507 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner is in judicial custody since 1.9.2017 in Cr.No.398/2017 registered by the respondent- police in respect of the offences under sections 498-A, 307, 507 r/w section 34 of IPC.
3. The allegation is, the petitioner was married to the complainant during the year 2002. They have a son aged 13 years. For the last two years, the petitioner developed illicit relationship with a third person and harassed the complainant. He was insisting for money. He had intention to marry another woman. Despite advise by her elders, he did not rectify himself. For the last 15 days he inflicted physical and mental cruelty on her and while she was alone in the house on the night of 20.8.2017, he pressed her neck, assaulted with a belt, thus attempted to finish her off.
4. Learned counsel for the petitioner submits that the complainant is residing in her parental house at Bengaluru and she has abandoned the matrimonial home for the last three months. The Investigating Officer did not seek for the police custody of the petitioner subsequent to his arrest. The petitioner undertakes not to approach or threaten the complainant for whatever reason.
5. Having regard to the nature of the allegation, his continuation in judicial custody is not warranted for the purpose of further investigation.
Hence, the petition is allowed. Petitioner is enlarged on bail in Crime No.398/2017 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall not threaten the complainant and other prosecution witnesses for whatever reason.
(iii) He shall co-operate with the Investigating Officer during further course of investigation.
Dvr:
Sd/- JUDGE