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Judgment
S Vishwajith Shetty, J
Accused Nos.1 and 2 in Crime No.126/2023 registered by Shanivarasanthe Police Station, Kodagu for the offence punishable under Sections 323, 324, 498A, 354, 504, 149 IPC, are before this Court under Section 438 of Cr.PC.
Heard the learned counsel for the parties.
On the basis of the complaint dated 29.08.2023 lodged by Soumya J.J, wife of the second petitioner herein, FIR in Crime No.126/2023 was registered by Shanivarasanthe Police, Kodagu against the petitioners herein and three others for the aforesaid offences. In the complaint, it is averred that the complainant's marriage with the second petitioner herein was solemnized about six years prior to the incident and from the wedlock, they have two children, aged about four and half years and two and half years respectively. On 27.08.2023, the complainant's children were playing in the Verandah of the house, the complainant took them inside for the purpose of teaching them, since they had exams. Petitioner No.1 allegedly assaulted the complainant on her leg with the throw ball. When the complainant enquired why he was assaulting her, he allegedly kicked her, she fell down. It is averred in the complaint when the complainant fell down, he further assaulted her with a ball badminton racket, as a result, the complainant suffered injuries. In the complaint, it is averred the petitioners herein and their family members have been abusing and assaulting the complainant regularly. It is also averred that in respect of the injuries suffered by the complainant on 27.08.2023, she has taken treatment in the hospital and thereafter, she had filed a complaint on 29.08.2023. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.346/2023 praying for anticipatory bail,, which was dismissed on 12.09.2023. Therefore, they are before this Court.
Learned counsel for the petitioners' submits that there is case and counter-case in respect of the incident in question and there is a delay of more than two days in filing the complaint which has resulted in registering FIR against the petitioners.
Per contra, learned High Court Government Pleader has opposed the bail application.
The material on record would go to show that in respect of the incident that had taken place on 27.08.2023, the first petitioner herein had filed a complaint before Shanivarasanthe Police which had resulted in registering FIR in Cr.No.123/2023 against the complainant in the present case viz., Soumya. J.J. for the offences punishable under sections 323, 324, 506 IPC. In respect of the very same incident that had taken place on 27.08.2023, the complainant Soumya belatedly filed a complaint on 29.08.2023, which is after two days. Considering the nature of the allegations made in the complaint and also having regard to the fact that there is inordinate delay in filing the complaint, I am of the view that the petitioners' prayer for grant of anticipatory bail is required to be answered in the affirmative. Accordingly, I pass the following:
ORDER
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.126/2023 registered by Shanivarasanthe Police Station, Kodagu for the offence punishable under Sections 323, 324, 498A, 354, 504, 149 of IPC, subject to the following conditions:
Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer.
Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.