NAGARAJU Vs. STATE

JUDGEMENT

(1.) In this petition filed under Section 438, Cr.P.C., the petitioner has sought for anticipatory bail apprehending his arrest by the Yalandur Police in Chamarajanagara District in connection with the non-bailable case registered in Crime No.21/2011 for the offences punishable under Sections 498-A and 323 of IPC inter alia on the ground that the allegations made in the complaint does not prima facie make out any case for the offence under Section 498-A, IPC and since he has reasonable apprehension of his arrest by the respondent-Police, he has sought for the relief of anticipatory bail.

(2.) The petition is opposed by the prosecution.

(3.) I have heard both sides. Perused the records produced. On the basis of the complaint lodged by Smt. Maheshwari, wife of the petitioner herein at about 2.30 p.m. on 11.3.2011, the Yalandur Police registered case in Crime No.21/2011 for the offences punishable under Sections 498-A and 323 of IPC and took up investigation. The allegations made in the complaint are that the petitioner herein being the husband of the complainant has been subjecting her to harassment physically and mentally and on 10.3.2011 at about 10.00 a.m., the petitioner herein picked up quarrel with her and assaulted her by hand on her body causing her pain and snatched mangalya chain, thereby she was subjected her to cruelty and physical and mental harassment.