Allowed

Sri.Vinayak Prabhakar Tarlekar v. State of Karnataka

Karnataka HC7 Jul 2020CRL.P/100308/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a petition for anticipatory bail under Section 438 Cr.P.C. The petitioner faced charges of attempted murder and hurt for domestic violence. The court imposed stringent conditions, including a personal bond, attendance at the police station, and cooperation in the investigation.

What did the court decide?

Petitioner granted anticipatory bail subject to execution of a personal bond of Rs. 50,000, appearance before the Investigating Officer, cooperation in investigation, and attendance at the Police Stat

Sri.Vinayak Prabhakar Tarlekar Vs State of Karnataka — Domestic Violence | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF JULY, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR CRIMINAL PETITION NO.100308 OF 2020

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BETWEEN:

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SRI. VINAYAK PRABHAKAR TARLEKAR, AGE : 32 YEARS, OCC : BUSINESS, R/O. 7^TH CROSS, BHAGYA NAGAR, TILAKWADI, BELAGAVI.

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….PETITIONER

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(BY SRI RAM P.GHORPADE, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY SHAHAPUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

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…RESPONDENT

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(BY SRI PRAVEEN K.UPPAR, HCGP)

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THIS PETITION IS FILED UNDER SECTION 438 OF CR.P.C. SEEKING TO DIRECT THE RESPONDENT POLICE TO ENLARGE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.109 OF 2019 WHO IS ACCUSED ON THE FILE

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OF SHAHAPUR POLICE STATION, DISTRICT BELAGAVI FOR THE ALLEGED OFFENCES 323, 307, 504 AND 506 OF IPC AND THE SAME IS PENDING BEFORE THE III JMFC COURT, BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by the petitioner under section 438 of Cr.P.C., for his release on anticipatory bail, in the event of his arrest in Crime No.109 of 2019 of Shahapur Police Station, Belagavi, registered for the offences punishable under sections 323, 307, 504 and 506 of IPC.

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The facts briefly stated are that on the

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complaint filed by father of the victim, the police have registered the case. The allegations are that the accused is the husband of the complainant’s daughter and for the past 4-5 years the accused being addicted to liquor was harassing the complainant’s daughter namely his wife, as such, the victim was staying in the house of her father.

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On 13.12.2019 morning at 6.00 a.m. the accused came to the house of complainant in intoxicated condition and picked up quarrel with the complainant and also tried to takeaway his life by trying to strangulate with the wire. The accused has attempted to commit the murder of the complainant and his son.

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Heard the learned counsel for the petitioner

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and learned HCGP. Perused the records.

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It is an admitted fact that accused is sonin-law of the complainant. He had picked up quarrel with the complainant for silly reasons. There are no medical records to show that the accused has caused injuries by assaulting the complainant and his son. The only allegation is that the accused has tried to strangulate them. The submissions made by the learned counsel and records produced along with the bail application indicate the apprehension of the petitioner is regarding his arrest and

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detention. The main objection of the prosecution is that, in the event of granting bail, the petitioner will abscond and interfere with the investigation. The said objection may be set right by imposing stringent conditions.

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For the foregoing reasons, this Court is of the view that, there are valid grounds for granting bail, subject to certain terms and conditions. Accordingly, I proceed to pass the following:

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ORDER

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The petition filed under section 438 of Cr.P.C. is allowed.

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The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of a certified copy of this order. On his appearance, Investigating Officer shall interrogate the petitioner and shall enlarge him on bail subject to following :

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The petitioner shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety for the likesum to the satisfaction of the Investigating Officer;

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The petitioner shall appear before the Investigating Officer as and when required;

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The petitioner shall co-operate in the investigation;

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The petitioner shall not threaten or allure the prosecution witnesses;

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In the event of registration of any other criminal case in respect of commission of similar offence, the present bail order shall stand cancelled;

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If the petitioner is found to have violated any of the bail conditions, the

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present bail order shall stand

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automatically cancelled;

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The petitioner shall mark his attendance in respondent- Police Station on every Sunday between 10.00 a.m. to 5.00 p.m. until submission of the final report.

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Sd/JUDGE

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CKK

Sri.Vinayak Prabhakar Tarlekar v. State of Karnataka

Case brief

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Sri.Vinayak Prabhakar Tarlekar v. State of Karnataka

Case brief

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