BENGALURU, INDIA – The LXXI Additional City Civil & Sessions Judge, Bengaluru City, has granted anticipatory bail to nine petitioners, including the husband, Gangadhara Nayaka, in a case involving marital discord and alleged assault. The order, delivered on June 23, 2022, under Crl.Misc. No. 5920/2022, allows all nine individuals to be released on bail should they be arrested in connection with Crime No. 224/2022 registered by the Bagalagunte Police Station.

The petitioners, including family members and relatives of the husband, were facing charges for offences punishable under Section 498A (Cruelty by husband or relatives), 323 (Voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of peace), 506 (Criminal intimidation), read with Section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code (IPC).

The Nature of the Complaint

The case was filed by the legally wedded wife of Petitioner No. 1, Gangadhara Nayaka. The couple was married on June 3, 2013. The complainant alleged a prolonged period of harassment and discord:

1. Marital Abuse: Immediately after the marriage, Petitioner No. 1 (the husband) allegedly started quarreling with the complainant, abusing and assaulting her without any reason.
2. Migration and Continued Conflict: During 2019, the couple moved to Bengaluru. Although the complainant secured employment at a Garments factory and the husband worked at a Petrol Bunk, the harassment allegedly continued. The husband reportedly “again started quarrel, abused in filthy language and deserted the family.”
3. Family Confrontation: The specific incident leading to the criminal case occurred on June 6, 2022, at around 12:00 noon, at the house of the complainant’s mother in Bhavsingh Nayak Thanda, Sira Taluk. The complaint alleges that all nine petitioners, acting with a common object, initiated a quarrel with the complainant and her relatives. During this confrontation, they allegedly assaulted the complainant and her mother, used filthy language, and threatened them with dire consequences.

The nine petitioners seeking anticipatory bail included the husband (Gangadhara Nayaka), his relatives residing in Tumakuru and Bengaluru, and four women (Smt. Rathna Bai, Smt. Bhagya Bai, Smt. Lakshmi Bhai @ Dhani Bhai, and Smt. Meenakshi Nayaka).

Grounds for Granting Bail

The petitioners, through their counsel Sri. K.M. Manjunath, maintained their innocence, stating that the complaint was lodged with “ill intention” and that “no such incident was taken place.” They assured the court of their willingness to comply with all conditions imposed.

The learned Public Prosecutor filed objections, asserting that prima facie materials existed against the petitioners and expressing concern that their release might enable them to threaten the complainant and her parents.

Justice Smt. K.S. Jyothishree, the LXXI Addl. City Civil & Sessions Judge, carefully considered the submissions. The court’s reasoning focused on the core nature of the dispute and the status of the investigation:

1. Matrimonial Nature: The court observed that the “alleged dispute is matrimonial in nature” and that the relationship between the complainant and Petitioner No. 1 was clearly “not cordial.” While the dispute involved allegations of assault and threats, the context remained familial.
2. Investigation Stage: The judge noted that the Investigating Officer (I.O.) had already “commenced the investigation, conducted mahazar, recorded the statement of witnesses and completed the major part of the investigation.” This crucial finding negated the need for custodial interrogation, which is a key factor in denying anticipatory bail.
3. Bail as a Rule: The court reiterated that the involvement of the petitioners is “yet to be proved” and emphasized that the alleged offences—Section 498A, 323, 504, 506 IPC—are not punishable with death or imprisonment for life and are triable before a Magistrate.

Concluding that there was “absolutely no reason to deny benefit of anticipatory bail to the petitioners at this stage,” the court answered the point in the affirmative.

Strict Conditions for Conditional Release

The court allowed the petition and ordered the Bagalagunte Police to release all nine petitioners in the event of their arrest in Crime No. 224/2022, subject to the following stringent conditions:

1. Personal Bond and Surety: Each of the nine petitioners shall execute a personal bond for Rs. 50,000/- (Rupees Fifty Thousand Only) each, along with a like sum surety for each.
2. No Intimidation: The petitioners shall not threaten the complainant and other witnesses in any manner.

This order ensures that while the petitioners are protected from pre-trial incarceration, the interests of the prosecution and the safety of the complainant are safeguarded through binding conditions.