IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 4 th DAY OF FEBRUARY, 2023
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.547/2023
Petitioners 1. Satish Babu,
S/o Mannar,
Aged about 34 years.
2. Mannar,
S/o Subramani,
Aged about 72 years.
Both are R/at No.82, 12th
Main, J.C.Nagar,
Kurubarahalli,
Bengaluru.
(By Sri.Vijay B.C, Adv.)
AND
Respondent State of Karnataka
By Basavanagudi Women
P S, Bangalore.
(By the learned Public
Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S.438
OF Cr.P.C.

2
Crl.Misc.No.547/2023
The bail application is filed by the petitioners
under Section 438 of Cr.P.C. praying to grant an order
of anticipatory bail in the event of their arrest in
Crime No.361/2022 for the offences punishable U/s.
498A, 506, 504 of IPC and Sec. 4 of D.P Act.
2. The facts are as under:
The complainant is the legally wedded wife of
the petitioner No.1 and their marriage was solemnized
on 21.10.2019. Thereafter, as per the demand made
by the petitioners, the complainant had borrowed loan
of Rs.5 Lakh to open Medical Shop. The petitioner
No.1, used the said money to meet his vices and
pledged her gold ornaments for Rs.3 Lakh. The
petitioners abused her in filthy language and put life
threat.
3. Grounds for bail:
1. The petitioners are innocents.
2. During Covid period, the petitioner No.1
had lost his job. He borrowed hand loan from
finance and started Medical Shop.

3
Crl.Misc.No.547/2023
3. Due to his father’s ill health, he was unable
to manage the Medical Shop and closed the
business.
4. The complainant has deserted the
petitioner No.1 and settled with her parents.
5. She has refused to rejoin the matrimonial
home.
5. The petitioners are ready to abide by the
conditions to be imposed by the court.
With these contentions, they have 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 petitioners
to reject the bail. If the bail application is allowed, the
petitioners may put threat to the complainant. Hence,
prayed for dismissal of the application.
5. Heard.
6.

The points that arise for my consideration
are:
1. Whether the petitioners have made
out sufficient grounds to grant
anticipatory bail ?
2. What order?

4
Crl.Misc.No.547/2023
7. Findings on the above points are hereunder:
Point No.1:
Point No.2:
In the affirmative
As per final order,
for the following:
R EAS O N S
8. Point No.1: The marriage was solemnized on
21.10.2019
and
the
complaint
was
lodged
on
17.09.2022. The petitioner No.2 is a father of
petitioner No.1. The complainant has alleged the
domestic violence and submitted that, the petitioners
abused and threatened with dire consequences. On
the other hand, the petitioners have contended that,
the
complainant
has
voluntarily
deserted
the
matrimonial home and started to stay with her
parents.
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 petitioners is
yet to be proved. The alleged offences are not
5
Crl.Misc.No.547/2023
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 petitioners at this stage. Consequently, the
point No.1 is answered in the affirmative.
10. Point No.2: Hence I proceed to pass the
following:
ORD ER
The bail application filed by the
petitioners 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.361/2022
for
the
offences
punishable U/s. 498A, 506, 504 of IPC
and Sec. 4 of D.P Act, subject to the
following conditions:
1. The petitioners shall execute
personal bond for Rs.50,000/each with like sum surety.
2. The petitioners 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 4th day of February, 2023)
(K.S.Jyothishree)
6
Crl.Misc.No.547/2023
LXXI Addl. City Civil & Sessions Judge
Bengaluru.