High CourtsSingle Bench(2011) 02 KAR CK 0099

Mr. Suraleen Sarkar vs State of Karnataka

Karnataka High Court · Decided on 2 February 2011

HON’BLE JUDGES
V. Jagannathan, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 75 of 2011

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Judgment

9 paragraphs · 319 words

V. Jagannathan, J.—Heard both sides in respect of anticipatory bail sought by the Petitioner against whom a case is registered in Cr. No. 437/10 in respect of the offences punishable under Sections 498A, 324 & 506 r/w 34 of IPC.

2.

Submission of the Petitioner''s Counsel is that, the present complaint is an afterthought and it is lodged after the petition fifed for divorce in M.C. No. 1334/10 and thereafter, the Petitioner''s wife filed the complaint under the Domestic Violence Act and later on, the matter was also taken to Medication for settlement and after all these events, the complainant has now come up with the present complaint and under these circumstances, the Petitioner be granted anticipatory bail as the parties are likely to settle their differences.

3.

Having regard to the above submission made and also after hearing the Respondent-State, the present complaint having been lodged after the divorce petition filed by the complainant and also by the husband-Petitioner, and as the submission made is that the matter was also taken to Mediation for settlement, I am of the view that the Petitioner can be released on bail by imposing conditions to safeguard the prosecution interest.

4.

In the result, petition is allowed and anticipatory bail is granted to the Petitioner, subject to the following conditions:

(i) Petitioner shall be released on bail in the event of his arrest in Cr. No. 437/10 by Jnanabharathi police, on his executing a personal bond for a sum of Rs. 25,000/- with two sureties for the likesum to the satisfaction of the arresting police officer.

(ii) He shall not tamper or attempt to tamper the prosecution evidence.

(iii) He shall not give threat to the prosecution witnesses in any manner.

(iv) He shall attend the Court on all dates of hearing.

(v) He shall mark his attendance before the jurisdictional police station on every Sunday between 10 a.m. and 5 p.m.