KABC010091192024
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 15TH DAY OF APRIL, 2024
PRESENT:
Sri. Manjunatha, B.A., LL.B.,
XLV Addl. City Civil & Sessions Judge, Bengaluru.
CRL. MISC. No.3230/2024
Petitioner
Manjunath.M,
S/o D. S. Mahadeva, a/a 28 Yrs.,
r/a No.266, DATTHA Nagara,
Ooty Road,
Mysuru-570 025.
(By Sri/Smt; J. M. Sharath, Adv.,)
AND
Respondent
State by West Women P.S.,
Bengaluru City.
(By the learned Public Prosecutor)
ORDER ON BAIL PETITION FILED U/S.438 OF Cr.P.C.,
The learned counsel for the petitioner has filed bail
petition U/s.438 of Cr.P.C., to grant anticipatory bail in favour
of the petitioner and also direct the respondent police to
release him on bail in the event of his arrest in their Crime
No.11/2024 in the interest of justice.
2. On the basis of the complaint filed by the
complainant-Smt.T. H. Ashwini, a/a 27 Yrs., who is the wife of
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petitioner, the case was registered against the petitioner in
Crime No.11/2024 for the offences punishable U/s.498A, 504
and 506 of IPC.

Now the petitioner being accused is
apprehending his arrest by the respondent police. Hence, the
petitioner constrained to file this petition and thereby he has
prayed for allowing the petition.
3. The learned Public Prosecutor has filed objection in
detail by reiterating the contents of the complaint and
contended that this bail petition is not maintainable in law or on
facts of the case. Further she has reiterated the contents of
complaint and also contended that if petitioner is granted bail at
the stage of investigation, then the petitioner shall again involve
in causing mental and physical harassment to the complainant.
It is also the objection of the prosecution that the petitioner
would tamper the prosecution witness and hamper the
investigation by not co-operating the respondent police and has
prayed for dismissal of the bail petition.
4. Heard the arguments on both sides and perused the
materials on record.
5. The following points are arises for consideration of this
Court:
1. Whether the petitioner has made out sufficient
grounds for granting anticipatory bail in his favour in
Cr. No.11/2024 of West Women P. S., at this stage as
sought for?
2. What order?
6. This court has answered the above points are as
under:
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Point No.1: In the affirmative
Point No.2: As per final order
for the following:REASONS
7.Point No.1: On considering the papers on record, it is
evident to note that the respondent police have registered a
case in Crime No.11/2024 against the petitioner on the basis of
complaint filed by complainant-Smt.Ashwini, a/a 27 Yrs., who is
the wife of petitioner for the offences punishable U/s.498A, 504
and 506 of IPC.
It is the case of the complainant that on 20.11.2023 the
marriage of accused was solemnized with the complainant.
After the marriage the accused subjected her to physical and
mental cruelty, by not having physical relationship with her.
The accused mentally by abusing and assaulting harassing the
complainant in demanding for her salary and to get a site, and
the accused is also also having illicit relationship with other
women. Unable to bear the physical and mental cruelty caused
by the accused, complainant constrained to file complaint
against the petitioners before respondent police.
8. The contention of petitioner is that he is innocent of the
offences alleged against him and he has not committed any
such offence. Per-contra as submitted by the learned Public
Prosecutor, the investigation is at the initial stage and it is yet to
be completed. Hence, it is not proper to believe or consider that
the petitioner is innocent of the alleged offence.
9. It is pertinent to note that even for the sake of
argument, it is accepted that there is prima-facie case against
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the petitioner for the offences punishable U/s.498A, 504 and
506 of IPC, the said offences are not punishable with death or
imprisonment for life. The offence U/s.498-A IPC is though nonbailable, it is exclusively triable by the Magistrate.
10.It is well settled principle of law that the granting of bail
is discretionary power of the Court and every case should be
considered on the basis of facts of each case. The certified
copies of complaint and FIR produced by the petitioner
discloses that a complaint has been lodged by the complainant,
who is the wife of petitioner at West Women P.S., , in Crime
No.11/2024 on 30.03.2024 at 17.30 hours for the offences as
alleged. On perusal of the documents would disclose that there
is
a
matrimonial
dispute
between
petitioner
and
the
complainant. Against whom the filing of the complaint is
sufficient to draw apprehension in the minds of the petitioners
regarding their arrest in non-bailable offence.
11. Whether the petitioner has committed the alleged
offence as contended by the complainant is a matter, which has
to be decided only at the time of full-fledged trial.

At this
juncture, when the petitioner is ready to abide by the terms and
conditions imposed by the court and when he is ready to offer
due and adequate surety for his release on bail, then this court
is of the opinion that no purpose will be served by allowing the
respondent police to apprehend the petitioner and to keep him
in custody. The petitioner is the the permanent resident as
shown in the cause title and this fact has not been disputed by
the prosecution, as such the presence of petitioner can be
secured easily, hence, the question of absconding of the
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petitioner does not arise at all. The objections raised by the
learned Public Prosecutor can be met by imposing stringent
conditions.

Absolutely there is no ground made out by the
prosecution to reject this bail petition. Hence, under these
circumstances, the petitioner has made out sufficient ground for
granting anticipatory bail in his favour at this stage as prayed for
as there exist reason to believe that he may be arrested in nonbailable offence. Accordingly, I answer Point No.1 in the
affirmative.
12. Point No.2: In view of answer of this Court on point
No.1, this court pass the following:ORDER
The bail petition filed by the Petitioner U/s.438 of
Cr.P.C. is hereby allowed.
The Petitioner is ordered to be released on bail
on his executing personal bond for Rs.1,00,000/- with
two sureties for the like sum to the satisfaction of the
concerned I.O.,/Magistrate in the event of his arrest in
the case in Crime No.11/2024 of West Women P. S.,
subject to following conditions:1.The Petitioner shall make himself available for
interrogation by the I.O. as and when required till the
final report is filed. Further, he shall assist the I.O. in
further investigation of the case. He shall mark his
attendance once in a month i.e., first Sunday of every
month in between 10.00 a.m. and 2.00 p.m. before the
I.O., till filing of final report or further orders whichever
is earlier.

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2.The Petitioner shall surrender before the
concerned Police within 30 days from the date of this
order without fail.
3.He shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him/ her from disclosing such facts to the
Court or to the concerned I.O.,
4.He shall not hamper further investigation of the
case and tamper with prosecution witnesses in any
manner and shall not intimidate the complainant.
5.He shall not commit similar offences or any
offences in future,
6.He shall appear before the concerned
Magistrate Court as and when directed.
7.He shall furnish notarized copy of his
residential id address proof.
8.In the event of violation of any of the above
conditions, the above bail shall stand automatically
canceled.
(Typed to my dictation by the Stenographer directly on Computer,
corrected by me and then pronounced in open Court on this the 15th day of April,
2024)
(Manjunatha)
XLV Addl. City Civil & Sessions Judge,
Bengaluru.

MANJUNATH
RAMA NAIK
Digitally signed by
MANJUNATH RAMA NAIK
Date: 2024.04.25 17:35:20
+0530
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Order pronounced in the open court
vide its separate order
ORDER
The bail petition filed by the petitioner
U/s.438 of Cr.P.C. is hereby allowed.
(Manjunatha )
XLV Addl. City Civil & Sessions Judge,
Bengaluru.

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