IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7863/2019 BETWEEN:
SRI. K.MURUGESAN, S/O. R.KANDASWAMY, AGED ABOUT 45 YEARS, RESIDING AT NO.13, 5TH CROSS, ANDHAR MUNIYAPPA LAYOUT, CHELLEKERE, KALYANAGAR POST, BENGALURU-560 043. ... PETITIONER [BY SRI. JAIRAJ G., ADVOCATE] AND:
STATE OF KARNATAKA, BY STATION HOUSE OFFICER, HENNUR POLICE STATION, BENGALURU-560 043, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. ... RESPONDENT [BY SRI. HONNAPPA, 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 CR. NO.296/2019 OF HENNUR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 498A, 504, 342, 307 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard and Perused the records.
2. Smt. Girija @ Geeta Murugesh, wife of the petitioner lodged a complaint stating that her marriage with the petitioner took place on 27.11.2015 and at the time of the marriage some gold and silver articles and cash was given in consideration of the marriage. They were also blessed with a female child by name ‘Krushi’. It is stated that, thereafter the petitioner started ill-treating and harassing the complainant. Indeed, he made an attempt to kill her by hanging to the ceiling fan on 3 or 4 occasions. The petitioner has actually thrown her out from the matrimonial home. In spite of repeated requests, he did not mend his conduct. It is alleged that the petitioner is also having illicit relationship with a woman viz., Mani and in spite of several requests made by the complainant, he did not desist the said relationship. In this background, it is alleged that on 05.09.2019 at 10.00 p.m., the petitioner took up a quarrel with the complainant, assaulted her and forcibly administered poison through her mouth. As a result, she lost her consciousness. Thereafter, the neighbours have shifted her to a hospital and after discharge from the hospital, she lodged a complaint.
3. The above said allegations indicate the conduct of the petitioner. But, whether the said allegations are true or not, has to be thrashed out during the course of full fledged trial. It is too premature to enlarge the petitioner without there being any medical and FSL report with reference to the poison that is alleged to have been administered to her. Under the aforesaid circumstances, when serious allegations are there attracting Section 307 of IPC., in my opinion, till the final report is filed by Police, the Court cannot be in a position to understand what exactly happened. In the aforesaid circumstance, the petitioner at this stage is not entitled for anticipatory bail. Hence, the petition is dismissed. However, the petitioner is at liberty to move the trial Court immediately after the final report is filed.
Sd/- JUDGE Ksm*