T.SADIQ ALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 438 Cr.P.C. seeking anticipatory bail in the event of his arrest in Crime No.35/2021 of Women Police Station, Ballari registered for the offences punishable under Sections 506, 504, 323 and 498A r/w Section 34 of IPC pending on the file of the IV Additional Civil Judge and JMFC, Ballari.

(2.) The factual matrix leading to the case are that, the complainant was married to the petitioner and their marriage was solemnized on 06.08.2018. They lead happy married life for three months and accused Nos.2 to 5 residing jointly with the petitioner. It is alleged that petitioner under the intoxicated state of mind used to assault the complainant for silly reasons. He forced her to leave the house to enable him to marry another lady and threatened her with dire consequences. When the complainant become pregnant, accused Nos.2 to 5 subjected her to ill-treatment both mentally and physically and abused her in filthy language and on 18.11.2018 she was driven out of the house. Later the complainant came to her parents' house and gave birth to a male child. After six months, a panchayat was convened and as per the settlement in the panchayat, the complainant and the child were sent to the house of the petitioner. Thereafter, the petitioner continued his ill-treatment and he had an illicit relationship with another woman and under the intoxicated state of mind he used to assault and manhandle the complainant. It is also alleged that on 28.05.2020 she was thrown out of the house along with her minor child. Thereafter, complainant taken shelter in the house of her parents. It is further alleged that the petitioner came to the house of the complainant wherein she is staying and under the intoxicated state of mind he abused the complainant in filthy language and also threatened her by manhandling her. In this regard, she lodged a complaint. On the basis of the complaint, FIR came to be registered in crime No.35/2021 and later on it has culminated in submission of the charge sheet.

(3.) The petitioner apprehending his arrest filed an anticipatory bail petition before the Principal District and Sessions Judge, Ballari along with other accused and the learned Sessions Judge has granted anticipatory bail to the other accused, but rejected the anticipatory bail petition filed by the present petitioner. Hence, the petitioner claims to have approached this court seeking anticipatory bail.