LAWS(KAR)-2010-10-130

MAHESHA S/O MADASHETTY Vs. STATE OF KARNATAKA BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AND CHAMARAJANAGARA TOWN POLICE

Decided On October 23, 2010
Mahesha S/O Madashetty Appellant
V/S
State Of Karnataka By Its Public Prosecutor, High Court Of Karnataka And Chamarajanagara Town Police Respondents

JUDGEMENT

(1.) HEARD learned Counsel for Petitioner and learned Government Pleader for the State.

(2.) THE Petitioner is the husband of first informant Jayalakshmi. Their marriage was performed on 16.12.1996 at Chamundi betta, Mysore. It is alleged that after marriage, first informant was living in the house of Petitioner at. different places and she also gave birth to two female children. The first informant had alleged that Petitioner is a womanizer. He was always harassing and beating her and demanding her dowry and also assassinating her character. Therefore, on 16.8.2010, first informant along with her children left the house of Petitioner and came to the house of her brother at Bangalore and lodged a complaint on 21.8.2010. On the basis of which crime No. 118/2010 was registered for offences punishable under Sections 498A, 506 r/w. Section 34 of IPC so also Sections 3 and 4 of the D.P. Act. First information does not reveal even the venue of marriage and also the persons who performed marriage. The first informant had lived with Petitioner for a period of 14 years, though there was bickering among themselves. They had also approached the Court and sought for divorce. However, matter was compromised. The Petitioner has been working as a Police Constable. The Petitioner cannot neglect the welfare of his children, not -withstanding the differences between himself and first informant.

(3.) IN the result, I pass the following order: Petition is accepted. Petitioner is granted anticipatory bail, subject to following conditions: