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Judgment
A.V. Chandrashekara, J. - Heard the learned counsel for the petitioner who is accused No. 1 in Cr. No. 231/2015 on the file of Respondent Police. The case is registered for the offences punishable under Sections 506, 341, 498A, 307, 323 r/w 34, IPC. The petitioner is apprehending arrest at the hands of the respondent-Police. Hence, anticipatory bail application is filed on his behalf.
The case on hand relates to the alleged attempt made on the life of the wife of petitioner-accused No. 1 on 23.11.2015. It is alleged that he attempted to murder his wife by pouring kerosene and when he was trying to find out a matchstick to lit fire, she escaped from his clutches. It is alleged that he assaulted her and tried to strangulate her neck with his hands.
The learned Government Pleader has vehemently opposed the bail application essentially on the ground that the petitioner is pressurising the victim lady - his wife to give consent for divorce in the petition filed before family Court and already three criminal cases are already registered against him. Hence, he requests this Court to dismiss the petition.
At this stage, Sri. A.S. Kulkami, learned counsel for the petitioner fairly submits that he has already advised his client stating that he should not indulge himself in any criminal activities and should not threaten his wife in any manner and somehow to get the family dispute squared up. He also requests the Court that if petitioner is let on anticipatory bail, he would make all his earnest efforts in Mediation Centre to get the matter resolved. His oral submission is taken on record.
Since the case on hand refers to an offence arising out of matrimonial dispute, a lenient view is to be taken. The petitioner has undertaken to obey any conditions which may be imposed on him. Thus, the apprehension of the learned Government Pleader could be suitably addressed by imposing certain conditions.
Accordingly, petition is allowed and anticipatory bail is granted to the petitioner, subject to the following conditions:
(a) Petitioner shall surrender before the I.O. of the jurisdictional police station within 20 days from today and in such an event, petitioner shall be released on executing a personal bond in a sum of Rs. 1,00,000/- with one surety for the like sum to the satisfaction of the I.O./concemed court.
(b) Petitioner shall cooperate with the I.O. for conducting investigation.
(c) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.
(d) Petitioner shall mark attendance at the Jurisdictional Police Station on every Sunday between 9.00 a.m. to 5.00 p.m. without fail till the submission of the final report and on every second Sunday of the month from 9.00 a.m. to 5.00 p.m. till the case is disposed of.
(e) As submitted by Sri. A. S. Kulkami, learned counsel for the petitioner, the petitioner shall not threaten the victim lady or her people in any manner and shall not involve himself in any criminal activities.
(f) Petitioner shall make all earnest efforts to get the matter squared up in view of pendency of divorce petition filed before the concerned family Court.
(g) Any violation of conditions imposed on him would pave way for cancellation of bail by this Court.
Since learned Government Pleader has effectively argued on behalf of the prosecution, I.A. 1/2015 is disposed of as having become infructuous.