M.G. Raju vs State Of Karnataka

Ashok G. Nijagannavar, J

This petition is filed by the accused under Section 438 CrPC seeking anticipatory bail in the event of his arrest by Talakadu Police Station in Crime

No.7/2021 for the offence punishable under Sections 324, 504 and 506 IPC.

The facts briefly stated in the petition are that on the complaint filed by Prapulla, the police have registered the case. The allegations are that on

31.01.2021 at 1.00 p.m., the complainant, her mother and sister had taken the goats for grazing near the bridge at Tadamalangi Nisargadhama, at that

time, her father namely the accused - petitioner assaulted the complainant's mother with a stick and caused grievous injuries, thereby, he has

committed the aforesaid offences.

After registering the case, the police officials are making attempts to arrest the petitioner. The bail petition filed by the petitioner before the Sessions

Court seeking anticipatory bail is rejected.

Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent â€" State. Perused the records.

Learned counsel for the petitioner would contend that, the petitioner is none other than the husband of the victim and the father of the complainant.

He had no intention whatsoever to commit murder or to cause grievous injuries to the victim. It is only due to sudden and grave provocation, the

petitioner has assaulted his wife because of family dispute. In the event of arrest and detention, the petitioner would be put to great hardship and

injustice.

Per contra, learned High Court Government Pleader submitted that the petitioner has assaulted his wife and has caused grievous injuries. The

victim has sustained fracture on shaft of fibula and has taken medical treatment in K.R.Hospital, Mysuru. Thus, there are no valid grounds to hold that

the petitioner has been falsely implicated in this case.

The allegations in the complaint are that the petitioner assaulted his wife on account of family dispute. He had no pre-meditative intention and he

has not gone to the spot by holding any threatening weapons. He has only picked up the stick available at the spot and assaulted his wife. It is said to

be only on account of sudden and grave provocation, he has hurt the victim. Further, the victim has been discharged from the hospital.

The grounds stated in the bail petition and submission of the learned counsel for the petitioner goes to prove the apprehension of arrest and

detention of the petitioner. The offences alleged are not punishable with death or imprisonment for life. The only objection of the prosecution is that in

the event of granting bail, the petitioner is likely to cause threat to the victim and interfere with the investigation. The said objection can be set right by

imposing stringent conditions.

In the facts and circumstances of the case, this Court is of the view that there are valid grounds for granting anticipatory bail to the petitioner

subject to certain terms and conditions. Hence, this Court proceeds to pass the following:

ORDER

The Criminal Petition is allowed.

Consequently, the petitioner is ordered to be released on bail in the event of his arrest by Talakadu Police in connection with Crime No.7/2021 for the

offence punishable under Sections 324, 504 and 506 IPC, subject to following conditions:

i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of certified copy of this order. On appearance of

petitioner, the Investigating Officer shall interrogate and release him on bail;

ii. The petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of

the Investigating Officer;

iii. The petitioner shall co-operate in the investigation, and he shall appear before the Investigating Officer as and when required; and

iv. The petitioner shall not threaten or allure the prosecution witnesses.

v. The petitioner shall mark his attendance in respondent - Talakadu Police Station, on 1st of every calendar month until submission of the final report.