IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7955 OF 2018 BETWEEN:
VENKATESH S/O SRI MUNISHAMAPPA AGED ABOUT 41 YEARS R/AT MOTHAKADAHALLI NANDAGUDI HOBLI – 562 114 HOSAKOTE TALUK BENGALURU RURAL DISTRICT ...PETITIONER (BY SRI R.SHIVACHANDRA NAIK, ADV.) AND THE STATE OF KARNATAKA BY NANDAGUDI POLICE STATION REP. BY STATION HOUSE OFFICER NANDAGUDI – 562 114 HOSAKOTE TALUK BENGALURU RURAL DISTRICT ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., 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.200/2018 REGISTERED BY NANDAGUDI POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 306 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Nandagudi Police of Bengaluru Rural District have registered Crime No.200/2018 against the petitioner for the offence punishable under Section 306 of IPC, on the basis of complaint of one M.C.Krishnappa.
2. It is alleged that on 18.9.2018 at 9.30 p.m., when complainant’s wife was alone at home, the petitioner committed rape on her and being humiliated by that, she consumed poison on 20.9.2018 at 11.00 a.m.
3. The victim died on 21.9.2018 at 1.30 p.m. in hospital. The complaint is filed on 21.9.2018 and the FIR is delivered to the court on 22.9.2018. The CD records show that victim was taken by the complainant to MVJ Medical College and Hospital with a history of attempting to commit suicide by consuming some unknown tablets due to some domestic issues.
4. Though the complaint states that one Radhakrishna and others found the accused escaping from the scene of offence and tried to apprehend him, soon thereafter, nobody has filed complaint alleging the offence under Section 376 IPC.
5. Even thereafter, the respondent/Police have not registered the case for the offence under Section 376 IPC. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.200/2018 of Nandagudi Police Station, Bengaluru Rural District. If he is arrested in the said case, he shall be released on bail subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of `50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE KNM/-