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Judgment
Rajendra Badamikar, J
The petitioners/Accused No.1 & 2 have filed this petition under Section 438 of Cr.P.C, seeking anticipatory bail in the event of their arrest in CC No.1884/2022 (Crime No. 36/2022 of in Kanakapura Police Station.) on the file of the Principal Civil Judge and JMFC at Kanakapura, registered for the offences punishable under Sections 498A, 323, 504, 506, 114 read with 149 of IPC.
Heard the learned counsel for the petitioners and the learned HCGP for the Respondent-State. Perused the records.
The allegations of the prosecution are that, the complainant was married to petitioner No.1 on 20.09.2019 and they led happy married life for some period and later on, Petitioner No.1 addicted to bad vice of consuming alcohol and at the instigation of the 2nd petitioner and other accused, he used to subject the complainant to ill-treatment on the ground that she is unable to get children. It is alleged that, on 06.03.2022 at about 9.30. p.m., the petitioners along with other accused, assaulted the complainant and subjected her to ill-treatment both physically and mentally, and again petitioner No.1 physically assaulted her on 15.03.2022 at the instigation of the 2nd petitioner and other accused and she was driven out of the matrimonial home. In this regard, the complainant has lodged a complaint and on the basis of the complaint, FIR came to be registered.
In the meanwhile, after completing investigation, the Investigating Officer has submitted the charge sheet and the petitioners were shown to be absconding. The petitioners apprehending their arrest, have approached the learned Sessions Judge and the learned Sessions Judge has rejected their bail petition. Hence, the petitioners are before this Court.
Having heard the learned counsel for petitioners and on perusing the records, it is evident that the marriage of Petitioner No.1 with the First Informant was solemnized on 20.09.2019. The allegations also disclose that after the marriage, petitioner No.1 and the First Informant resided at various places and the allegations also disclose that, at the instigation of Petitioner No.2 and other accused, she was subjected to ill-treatment. The offences alleged are not punishable either with the sentence of death or life imprisonment, and they are triable by the learned Magistrate. But, the records disclose that the petitioners have not co-operated during the course of investigation and they were shown to be absconding. At the same time, the conduct of the Investigating Officer also questionable, as he has not made any efforts to secure the petitioners and he did not disclose as to whether their presence was required or not. However, it is evident from the records that the petitioners are capable of managing the things for nearly two years.
Looking to the above facts and circumstances, and considering the conduct of the petitioners, in my considered opinion, they can be enlarged on bail subject to deposit of cash security so that they shall not make any such attempts in future. Hence, the petition needs to be allowed and accordingly, I proceed to pass the following:-
ORDER
I. The petition is allowed.
II. The petitioners/Accused Nos.1 & 2 are directed to be enlarged on bail in the event of their arrest in CC No.1884/2022 (Crime No. 36/2022 of Kanakapura Police Station) on the file of the Principal Civil Judge and JMFC at Kanakapura, registered for the offences punishable under Sections 498-A, 323, 504, 406, 114 read with 149 of IPC on each of them depositing cash security of Rs.50,000/- each and also executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety each for the like-sum to the satisfaction of the concerned trial Court, subject to the following conditions:
(i) Petitioners shall surrender themselves before the concerned jurisdictional Court within fifteen days from the date of receipt of a certified copy of this order and in the event of their surrender, the learned Magistrate shall release them on bail, as directed above.
(ii) They shall not directly or indirectly tamper with any of the prosecution witnesses.
(iii) They shall not indulge in any similar offences.
(iv) They shall make themselves available to the Investigating Officer for interrogation whenever called for during the course of further investigation.
(v) If the petitioners fail to appear before the Court without prior permission of the Court, the cash security deposited by them shall be forfeited to the State.