IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.5524/2017 BETWEEN:
SRI CHIDANANDA NAIKA S/O RAMA NAIKA AGED ABOUT 35 YEARS R/AT C/O JAYAPRAKASH S.S.PURAM TUMKUR-577214. ... PETITIONER (BY SRI NAIK N.R., ADV.) AND:
STATE OF KARNATAKA BY THE CIRCLE INSPECTOR OF POLICE CHIKKANAYAKANAHALLI POLICE STATION CHIKKANAYAKANAHALLI-572214 RPTD. BY ITS S.P.P.
HIGH COURT OF KARNATAKA BENGALURU-560001. ...RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP.) THIS CRL.P. FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME No.49/2016 OF CHIKKANAYAKANAHALLI POLICE STATION, TUMAKURU AND C.C.NO.212/2017, WHICH IS REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498(A) OF IPC AND SECTIONS 3 AND 4 OF D.P.ACT.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.1 under Section 438 of Cr.P.C., seeking anticipatory bail to direct the respondent-police to release the petitioner/accused on bail in the event of his arrest for the offence punishable under Sections 498(A) of IPC and Sections 3 and 4 of D.P. Act, registered in respondent- police station in Crime No.49/2016.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record.
4. Learned counsel for the petitioner made the submission that in the year 2015, the petitioner filed M.C Petition No.226/2015, seeking restitution of conjugal rights as against the complainant. But subsequently, the complainant also filed the private complaint which was referred to the police under Section 156(3) of the Cr.P.C, registered in Crime No.49/2016 and after investigation, police filed the charge sheet and now the case is pending in C.C.No.212/2017. Looking to these materials and the submissions made by the learned High Court Government Pleader that investigation is completed, charge sheet is also filed showing the present petitioner as absconding accused. Hence, he submitted that the conduct of the present petitioner is to be seen and he submitted to reject the bail petition.
5. Looking to the materials placed on record and as the present petitioner was not at all available to the Investigating Officer during the investigation, ultimately charge sheet filed showing the present petitioner as absconding accused. Therefore, I am of the opinion that in view of his conduct, he is not entitled for anticipatory bail. Accordingly, the petition is hereby rejected.
However, at this stage, learned counsel made a submission that the petitioner is prepared to surrender before the concerned Court. In case he surrenders and made an application under Section 437 of Cr.P.C., seeking regular bail, the concerned Court to consider the bail petition on merit and to dispose of the same as early as possible and if possible on the same day.
Sd/- JUDGE NC.