IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 23 rd DAY OF JUNE, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.5918/2022
Petitioner
E. Raghavendra,
S/o Late.A.Eregowda,
Aged about 45 years,
R/at No.138, 7th Cross,
10th Main, Indiranagara
2nd Stage, Bengaluru.
(By Sri.K.N.Keshava,
Adv.)

AND
Respondent State of Karnataka
Ramamurthynagar,
P S, Bangalore.
(By the learned Public
Prosecutor)
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
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Crl.Misc.No.5918/2022
of anticipatory bail in the event of his arrest in Crime
No.190/2022 for the offences punishable U/s. 498A,
506 of IPC.
2. The facts are as under:
The complainant is the legally wedded wife of the
petitioner and got married on 10.08.2009.

In wed
lock she gave birth to girl child. After marriage, the
petitioner started to harass the complainant and
demanded
money.

The
family
members
of
the
complainant paid Rs.51,00,000/- to the petitioner. In
the said amount petitioner has purchased house at N
R Layout. Even then, the petitioner further started to
quarrel with the complainant and treated her with
cruelty. The petitioner has constructed 8 houses, out
of
which,
6 houses are let out
for
rent.

On
02.06.2022, when the complainant had been to collect
the rent, the petitioner started quarrel, assaulted
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Crl.Misc.No.5918/2022
elder sister of the complainant and threatened with
dire consequences.
3. Grounds for bail:
1. The petitioner is innocent. He has not
committed the alleged offences.
2. The petitioner is software engineer. He is
a team leader of 50 employees.
3. The complainant and her family members
have made the petitioner to purchase the
property. Though a new house was
constructed, the complainant had denied to
move to the new house.
4. The complainant was adamant in nature.
She used to live as she likes and as per the
wish of her family member.
5. The parents of the petitioner are suffering
from age old diseases.
6. 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
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Crl.Misc.No.5918/2022
petitioner may put threat to the complainant and her
friends.

Hence,
prayed
for
dismissal
of
the
application.
5. Heard.
6. 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 an admitted fact that the
complainant is the legally wedded wife of petitioner. It
appears that the relationship is not cordial.

The
certified copy of order sheet in M.C.No.6451/2021
reveals that the complainant has filed petition for
divorce.

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Crl.Misc.No.5918/2022
9. The complainant has made various allegations
against the petitioner. Per contra, the petitioner has
alleged that the complainant has failed to perform her
duty as wife. The dispute has been referred to
mediation. The Family Court has adjourned the
matter and the next date of hearing is 12.07.2022.
10. 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.
11. Point No.2: From the discussion made
herein above, it is clear that this petition deserves to
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Crl.Misc.No.5918/2022
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 petitioner in the event of his
arrest in Crime No.190/2022 for the offences
punishable U/s. 498A, 506 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 23rd day
of June, 2022)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.