IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7770/2019 BETWEEN SALMAN FARIS @ SALEMAN FARASU S/O M.K ALI AGED 32 YEARS R/AT 7-33 NAVOOR HOUSE GANDHI NAGARA, SULLIA KASABA SULLIA TALUK D.K. DISTRICT – 574 239 (BY SRI. ABDUL ANSAR P., ADVOCATE) AND ... PETITIONER STATE OF KARNATAKA BY SULLIA POLICE STATION D.K. DISTRICT REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.77/2019 OF SULLIA POLICE STATION, D.K., FOR THE OFFENCE P/U/S 323, 498A OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is the sole accused in Crime No.77/2019 of respondent-Sullia Police Station, Sullia Taluk, D.K. District for the offences punishable under Sections 323 and 498-A of IPC, which is now pending before the Court of Principal Civil Judge(Junior Division) and JMFC Court at Sullia, D.K. District.
3. The petitioner is no other than the husband of the complainant/victim lady. Their marriage took place about 13 years ago. It is alleged that, about six months prior to the incident, when his wife (victim lady) was talking with somebody over mobile phone, the petitioner suspected her conduct and since then he started ill-treating and harassing her. In that context, on 29.09.2019 in the night hours, by picking-up quarrel with his wife, the petitioner alleged to have assaulted her with his hands, due to which, on 30.09.2019 at about 6.00 a.m., the victim lady consumed rat cream, (rat poison). Immediately she was admitted to the hospital and after discharge she went to her parents’ house. In that context a complaint came to be lodged and the police have registered a criminal case against the petitioner. Apprehending his arrest at the hands of the respondent-police, the petitioner is before this court seeking for Anticipatory Bail.
4. The facts and circumstances of the case reveal that, the petitioner and the victim were lived as husband and wife for about 13 years and after such a long time, it is stated that the petitioner started suspecting the fidelity of his wife (victim).
5. At this stage, there is no material to show any thing about the behavior and conduct of both the petitioner and the victim lady and as to how they were responding to each other. Therefore, the aspects that, there was any harassment or ill-treatment and if it was there, would it be sufficient to drive a woman to commit suicide, have to be thrashed out during the course of full-dressed trial. Normally in matrimonial matters the court should always be slow in sending the husband and his family members to jail. Otherwise, the possibilities of compromise between the parties will become bleak. Therefore, I am of the opinion that the petitioner is entitled to be enlarged on Anticipatory Bail with certain stringent conditions. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner/accused-Salman Faris @ Saleman Farasu shall be released on bail in the event of his arrest in connection with Crime No.77/2019 of respondent-Sullia Police Station, Sullia Taluk, D.K. District for the offences punishable under Sections 323 and 498-A of IPC, which is now pending before the Court of Principal Civil Judge and JMFC at Sullia, D.K. District, on the following conditions:-
i) The petitioner shall surrender himself before the concerned Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of D.K. District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
KGR* Sd/-
JUDGE