Allowed

Sri Keshava Murthy v. the State of Karnataka

Karnataka HC4 Jul 2024CRL.P/5604/2024

Case brief

AI extract

What is this about?

Criminal Petitioner sought bail under Section 439 CrPC in a domestic violence case involving FIR No.145/2024 for offences under Sections 498A, 504, 307, 323 IPC. Bail was granted with a bond of Rs. 2,00,000 and two sureties.

What did the court decide?

Petitioner granted bail on bond of Rs. 2,00,000 with two sureties, subject to conditions prohibiting similar offences, tampering with witnesses, and ensuring appearance in court.

Sri Keshava Murthy Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC:25229 CRL.P No. 5604 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO. 5604 OF 2024

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BETWEEN:

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SRI. KESHAVA MURTHY, S/O NARASIMHAPPA, AGED ABOUT 28 YEARS, R/AT MYRADA COLONY, CHALLAKERE TOWN - 577 002 CHITRADURGA DISTRICT.

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Digitally signed by NANDINI B G Location: high court of karnataka

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(BY SRI. NANJA REDDY P.N., ADVOCATE)

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AND:

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…PETITIONER

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THE STATE OF KARNATAKA BY CHALLAKERE POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 01

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…RESPONDENT (BY SRI. RAHUL RAI .K., HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.145/2024 REGISTERED IN CHALLAKERE POLICE STATION, CHITRADURGA DISTRICT, FOR THE OFFENCE P/U/S 498A, 504, 307 AND 323 OF IPC, PENDING ON THE FILE OF 1ST PRL. CIVIL JUDGE AND JMFC COURT, CHALLAKERE, CHITRADURGA DISTRICT.

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:25229 CRL.P No. 5604 of 2024

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ORDER

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The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.145/2024 of Challakere Police Station, pending on the file of the learned Prl.Civil Judge and JMFC Court, registered for the offences punishable under Sections 498A, 504, 307 and 323 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Meena S.

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Heard Sri. Nanja Reddy P.N, learned counsel for the petitioner and Sri.Rahul Rai K, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”

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3 - NC: 2024:KHC:25229 CRL.P No. 5604 of 2024

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My answer to the above point is in ‘Affirmative’ for the

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following:

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R E A S O N S

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The petitioner being the sole accused is seeking grant of bail. He was apprehended on 28.03.2024 and since then he is in judicial custody.

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The victim lodged the first information against the petitioner who is her husband alleging commission of offence as stated above. The marriage of the victim with the petitioner was performed about eight years back and they have begotten a son. However, petitioner has started suspecting the fidelity of the victim and on the date of incident, assaulted her and tried to administer toilet cleaner. She took treatment in the hospital. Even though the allegations are serious in nature, now the charge sheet is filed by the investigating officer. It is not the contention of the prosecution that the petitioner is required for further investigation or that he is having any criminal antecedents. Under these circumstances, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to

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4 - NC: 2024:KHC:25229 CRL.P No. 5604 of 2024

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conditions, which will take care of the interest of the prosecution.

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Accordingly, I answer the above point in the affirmative and proceed to pass the following:

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ORDER

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The petition is allowed.

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The petitioner is ordered to be enlarged on bail in Crime No.145/2024 of Challakere Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:

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a). The petitioner shall not commit similar offences.

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b). The petitioner shall not threaten or tamper with the prosecution witnesses.

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c). The petitioner shall appear before the Court as and when required.

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If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.

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5 - NC: 2024:KHC:25229 CRL.P No. 5604 of 2024

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On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.

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Sd/JUDGE

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BH List No.: 1 Sl No.: 24

Sri Keshava Murthy v. the State of Karnataka

Case brief

What is this about?

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Sri Keshava Murthy v. the State of Karnataka

Case brief

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What did the court decide?

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