IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 29 th DAY OF JUNE, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.6049/2022
Petitioner
Pramod Acharya,
S/o Annayya Acharya,
Aged about 34 years,
R/at No.111, Devastan
Keri, Malkod,
Kelagina Idagunji,
Honnavara Taluk,
Uttara Kannada District.
Also at:
No.22, 8th ‘E’ Cross, Nr.
Lakshmi Theatre,
Ramamurthynagar,
Bengaluru.
(By Sri. Mahesh Naik,
Adv.)

AND
Respondent
State of Karnataka
Ramamurthynagar P S,
Bangalore.
(By the learned Public
Prosecutor)
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Crl.Misc.No.6049/2022
ORDER ON BAIL APPLICATION FILED U/S.438
OF Cr.P.C.
This bail application is filed by the petitioner
under Section 438 of Cr.P.C. praying to grant an order
of anticipatory bail in the event of his arrest in Crime
No.165/2022 for the offences punishable U/s. 506,
504, 420 r/w 34 of IPC.
2. The facts are as under:
The complainant had love affair with the
petitioner. The petitioner promised the complainant to
marry her. He also had sexual contact with the
complainant and told that he has to wait till the
marriage of his elder brother Praveen Acharya. In the
month of December 2021, the brother of the petitioner
got married and the complainant requested the
petitioner to get marry her. The petitioner abused her
in filthy language and put life threat. On 16.03.2022,
the complainant again asked the petitioner to marry
her. The petitioner refused to marry the complainant.

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Crl.Misc.No.6049/2022
On 22.04.2022, the complainant met the father of the
petitioner and informed the injustice caused to her.
3. Grounds for bail:
1. The petitioner is innocent.
2. There is a delay in lodging the complaint
and it is not properly explained.
3. The petitioner is not aware of the
complainant. At no point of time he had love
affair with the complainant.
4. The petitioner is ready to abide by the
conditions to be imposed by the court.
With these contentions, he has requested to
allow the application.
4. The learned Public Prosecutor has filed the
objections and re-iterated the complaint averments.
There are prima facie materials against the petitioner
to reject the bail. If the bail application is allowed, the
petitioner may put threat to the complainant and her
friends.

Hence,
application.

prayed
for
dismissal
of
the
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Crl.Misc.No.6049/2022
5. Heard. The counsel for petitioner has relied on
the Orders of Hon’ble High Court of Karnataka in
C.P.No.5865/2021.
6. Now the points that arise for my consideration
are:
1. Whether the petitioner has made
out sufficient grounds to grant
anticipatory bail ?
2. What order?
7. My answer to the above points are hereunder:
Point No.1:
Point No.2:
In the affirmative
As per final order,
for the following:
REA S ON S
8. Point No.1: It is the case of the complainant
that she had love affair with the petitioner and latter
promised her to marry.

According to her, the
petitioner refused to marry her, abused in filthy
language and put life threat. It is worth to note that
the burden is on the complainant to prove the
allegations during the trial.

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Crl.Misc.No.6049/2022
9. It appears that I.O. has commenced the
investigation,
conducted
mahazar,
recorded
the
statement of witnesses and completed the major part
of the investigation. The involvement of petitioner is
yet to be proved. The alleged offences are not
punishable with death or imprisonment for life. They
are to be tried before learned Magistrate. Hence, there
is absolutely no reason to deny benefit of anticipatory
bail to the petitioner at this stage. Consequently, the
point No.1 is answered in the affirmative.
10. Point No.2: From the discussion made
herein above, it is clear that this petition deserves to
be allowed. In the result, therefore, I proceed to pass
the following:
O RDE R
This bail application filed by the
petitioner under Section 438 of Cr.P.C. is
hereby allowed.
The respondent police is hereby directed
to release the petitioners in the event of their
arrest in Crime No.165/2022 for the offences
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Crl.Misc.No.6049/2022
punishable U/s. 506, 504, 420 r/w 34 of
IPC, subject to the following conditions:
1. The petitioner shall execute personal
bond for Rs.50,000/- with like sum
surety.
2. The petitioner shall not threaten the
complainant and other witnesses.
(Typed to my dictation by the Stenographer directly on the computer,
corrected by me and then pronounced in open Court on this the 29th day
of June, 2022)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.