IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 24 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.6047/2022
Petitioner
Sundaresh.S,
S/o Srinivasan.M,
Aged about 35 years,
R/at No.6/3, Subbaiah
Reddy Road, Nr.
Ghandharva Bakery,
Ulsoor, Bengaluru.
(By Sri.Sharath
Kumar.L, Adv.)

AND
Respondent State of Karnataka
East Zone Women 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
2
Crl.Misc.No.6047/2022
of anticipatory bail in the event of his arrest in Crime
No.90/2022 for the offences punishable U/s. 498A,
323, 504, 506 r/w 34 of IPC and Sec.3 & 4 of D.P.Act.
2. The facts are as under:
The complainant is the legally wedded wife of the
petitioner and got married on 09.09.2021. At the time
of marriage, petitioner and his family members
received gold ornaments and demanded for grand
marriage. Accordingly, the marriage was performed.
Thereafter, the petitioner and his family members
demanded
to
background,
bring
they
property
started
and
car.

quarrel
In
this
with
the
complainant and treated her with cruelty. They also
destroyed the house hold articles and sent the
complainant to her parent’s house. On 13.02.2022,
the petitioner brought her back to his house and
again started to harassment.

On 19.02.2022, they
sent her to parental house and on 26.02.2022, the
petitioner has issued divorce notice.

3
Crl.Misc.No.6047/2022
3. Grounds for bail:
1. The petitioner is innocent. He has not
committed the alleged offences.
2. The petitioner has filed O.S.No.110/2022
for nullity of marriage before the Family
Court.
3. 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,
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?

4
Crl.Misc.No.6047/2022
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:
R EAS O N S
8. Point No.1: It appears that the relationship
between the complainant and petitioner is not good.
She has been residing in the house of her parents.
The petitioner has filed O.S.No.110/2022 for nullity of
marriage against the complainant and the same is
pending. The matter is purely matrimonial in nature.
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
5
Crl.Misc.No.6047/2022
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:
ORD ER
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.90/2022 for the offences
punishable U/s. 498A, 323, 504, 506 r/w 34
of IPC and Sec.3 & 4 of D.P.Act, 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 24th day of June, 2022)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.