IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.808/2019 BETWEEN:
SRI. B.K. GANGARAJU S/O. KRISHNAPPA AGED ABOUT 26 YEARS COOLIE BY AVOCATION R/AT BACHANAHALLI VILLAGE BASHETTAHALLI HOBLI SIDLAGHATTA TALUK-563 101 CHIKKABALLAPURA DISTRICT. ... PETITIONER (BY SRI S.P. BABAJAN, ADVOCATE) AND:
THE STATE OF KARNATAKA REP. BY DEVANAHALLI POLICE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE:562 110. ... RESPONDENT (BY SRI. NASRULLA KHAN, 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.61/2018 OF DEVANAHALLI POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying to release him on anticipatory bail in the event of his arrest in Crime No.61/2018 of Devanahalli Police Station, Bengaluru Rural District for the offences punishable under Sections 420 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The brief facts of the case of the prosecution are that one Smt.N.Deepika filed a complaint against the petitioner/accused alleging that the petitioner having got married with one Lakshmi on 13.03.2015 and said marriage was registered on 25.03.2015 at J.P.Nagar Register Office. The petitioner/accused suppressing the said marriage again got married with the complainant on 19.02.2018 and the same was registered on 26.02.2018 at Devanahalli Marriage Register Office. Thereby the petitioner/accused cheated the complainant. On the basis of the complaint, a case has been registered against the petitioner/accused.
4. It is the submission of the learned counsel for petitioner that the complainant was knowing the fact that the petitioner-accused has already married with one Lakshmi and applied for divorce by filing the petition in M.C Petition No.1946/2018 on 10.04.2018 before the Family Court. Subsequently, the marriage has also been dissolved by referring the matter to Bangalore Mediation Centre on 11.09.2018. Though, all the facts were within the knowledge of the complainant, only with an intention to harass the petitioner, complaint has been registered. It is further submitted that the alleged offence is not punishable either with death or imprisonment for life and he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, learned counsel for the petitioner prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there are sufficient materials to show that the petitioner/accused earlier has got married with one Lakshmi. During the subsistence of the said marriage, he got married with the complainant. Thereby, he cheated the complainant by suppressing the said facts. He further submitted that the materials of the charge sheet clearly goes to show that after registration of the complaint, the petitioner has obtained divorce to over come the legal positions and in order to cheat the complainant. He further submitted that if the accused-petitioner is released on bail, he may not available for investigation or interrogation and he may tamper with the prosecution witnesses and he may abscond. Hence, prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. It is not in dispute that the petitioner/accused got married with one Lakshmi before marrying with the complainant and it is the contention of the complainant that though first marriage is in subsistence, suppressing the said fact in order to cheat her, he got married with her on 19.02.2018. The said fact has to be considered at the time of full pledged trial and first marriage has already been dissolved by granting decree of divorce on 11.09.2018.
8. Keeping in view the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioner/accused is enlarged on bail, it is going to meet the ends of justice.
9. In that light, petition is allowed and the petitioner/accused is enlarged on anticipatory bail in the event of his arrest in Crime No.61/2018 of Devanahalli Police Station, Bengaluru Rural District for the offences punishable under Sections 420 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission 5. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station for a period of six months.
JS/-
Sd/- JUDGE