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.6959/2017 Between:
Sri. K. Krishna Chaitanya S/o K. Raghavendra, Aged 28 years, Working as Marketing Department in Amazon, #875, 24th A-Cross, 24th Main Road, 2nd Parangipalya, HSR Layout, Bengaluru – 560 102.
…Petitioner (By Sri. M.B.Chandrachooda, Advocate) And:
The State of Karnataka By the Police Sub Inspection, Law and Order, HSR Layout Police Station, Bengaluru – 560 102.
…Respondent (By Sri. S. Vishwamurthy, 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.414/2017 of HSR Layout police station, Bengaluru for the offence p/u/s 498(A), 307 and 324 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 for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends his arrest by the respondent-police in their crime No.414/2017 registered in respect of offences punishable under sections 498A, 307 and 324 of IPC.
3. The allegation is, the petitioner married the complainant’s daughter – Smt. Swathi J. Badami, as per custom on 02.07.2017 and the couple resided together in a rented premises at Bengaluru. The petitioner subsequently started harassing the complainant’s daughter physically and mentally. On 13th and 14th July 2017, he had caused burn injuries on his wife. Subsequently, panchayat was held and the couple were advised. The petitioner insisted for money from his wife to commence business with his friend – Neha, which was refused by her. On 28.07.2017, he brought Idli and cocum beverage from outside for her breakfast and mixed some chemical in the said drink. On consuming the same, she became unconscious and she was shifted to the hospital. He intended to finish her off with that beverage.
4. Perused the CD. On admission of the victim, her blood sample was taken and was subjected for analysis the empty tetra pack was also seized under mahazar by the Investigating Officer.
5. Since the nature of the allegation does not require for custodial interrogation of the accused and also to pave way for reconciliation of the matrimonial dispute between the couple, it is in the interest of justice, petition is allowed.
Petitioner is granted anticipatory bail in Crime No.414/2017 registered by the respondent-Police, subject to the following conditions:
(i) He shall forthwith appear before the respondent-Investigating Officer. The Investigating Officer is at liberty to interrogate him;
(ii) In the event of his arrest by the respondent-Investigating Officer, he shall be released on bail on executing a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum; and (iii) He shall not threaten or prevail upon the complainant and her family members.
Mother of the petitioner namely – Aruna is present in the Court hall and submits that her family undertakes to take proper care of Smt. Swathi J. Badami.
In view of disposal of the main petition, I.A.No.1/2017 will not survive. Hence, it is disposed of.
Sd/-
JUDGE VBS