IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.7972/2018 BETWEEN:
UMESHWARAIAH S/O. VEERABHADRAIAH AGED ABOUT 40 YEARS R/O. OLD JOGA VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT – 577 223 … PETITIONER [BY SRI. R.B. DESHPANDE, ADVOCATE] AND:
THE STATE OF KARNATAKA BY NYAMATHI POLICE STATION DAVANAGERE DISTRICT – 577 223 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.169/2018 OF NYAMATHI POLICE STATION, DAVANAGERE DISTRICT, FOR THE OFFENCES P/U/S. 354(A)(1)(i), 354A(1)(ii), 354A(1)(iv), 354(D)(1), 504, 506 of IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Nyamathi Police have registered Crime No.169/2018 against the petitioner for the offences punishable under sections 354 [1][i], 354A [1][ii], 354A [1][iv], 354[D][1], 504, 506 of IPC on the basis of the complaint of x (for the purpose of confidentiality complainant is referred to as ‘x’).
2. The petitioner and complainant belonged to the same village. It is alleged that the petitioner used to behave in a lewd manner and harass the complainant. It is alleged that he used to go to her house in the absence of her husband and create ruckus. It is further alleged that on 13.9.2018 at 8 pm, the petitioner went near the house of the complainant and kept on shouting and he abused the complainant and threatened that if anybody comes in the way, he would commit their murder. It is further alleged that the petitioner used to send lewd messages and make lewd calls on the cell phone of the complainant.
3. Out of the offences alleged against the petitioner, major offence is under section 354D[1] of IPC. The punishment prescribed for the said offence is imprisonment upto three years. The statement of witnesses are already recorded. Under these circumstances, it is a fit case to grant anticipatory bail.
4. Therefore, the petition is allowed. The petitioner is granted anticipatory bail in Crime No.169/2018 of Nyamathi Police Station. If he is arrested in the said case, he shall be released on bail on the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall not tamper the witnesses in any manner.
(iv) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(v) Except for the purpose of investigation, he shall not visit Halejoga village till the completion of investigation.
(vi) He shall mark his attendance before the Investigating Officer on every Sunday till the completion of investigation..
Sd/- JUDGE AN/-