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Judgment
13 paragraphs · 475 wordsS Vishwajith Shetty, J
Accused No.2 Crime No.9/2024 registered by Chamrajanagar Women Police Station, Chamarajanagara District, for offences punishable under Sections 498A, 323, 324, 504, 506 read with Section 34 of IPC and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail.
Heard the learned counsel for the parties.
FIR in Crime No.9/2024 was registered by Chamrajanagar Women Police Station, Chamarajanagara District for the aforesaid offences against Kumarachari and the petitioner herein, based on the first information dated 13.02.2024 received from Ramya who is wife of accused No.1 Kumarachari. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.272/2024 before the Jurisdictional Sessions Court which was rejected on 08.08.2024. Therefore, petitioner is before this Court.
First informant who is the wife of accused No.1 has alleged that accused No.1 has a illicit relationship with the petitioner and on 12.02.2024 when first informant had gone to the house of the petitioner herein, her husband who was inside the house of the petitioner allegedly had abused and assaulted her and as a result, she has suffered injuries. Allegation of abusing and assaulting the first informant is found in the first information against her husband who is arraigned as accused No.1. Petitioner allegedly had pushed the first informant and also criminally intimidated her.
Learned HCGP has fairly submitted that first informant and her child have only suffered simple injuries in the incident in question. Petitioner is a lady aged about 44 years. She has no criminal antecedents. Investigation of the case is completed and charge sheet is already filed. Therefore, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest registered by Chamarajanagara District, for offences punishable under Sections 498A, 323, 324, 504, 506 read with Section 34 of IPC and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, subject to the following conditions:
The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Jurisdictional Court.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future;