SUDENDRA M. N. Vs. STATE

JUDGEMENT

(1.) Accused No.1 in Crime No.87/2023 registered by Jnanabharathi Police Station, for the offence punishable under Ss. 498-A, 325, 323, 504 and 506 of IPC, is before this Court under Sec. 438 of Cr.P.C., seeking anticipatory bail.

(2.) Heard the learned counsel for the parties.

(3.) On the basis of the complaint lodged by Smt.Kavitha Sharma w/o of the petitioner herein dtd. 18/4/2023, Jnanabharathi Police have registered F.I.R. in Crime No.87/2023 against the petitioner for the aforesaid offence. In the complaint it is stated that on 14/4/2023 petitioner had gone to Mysuru and on his way he had called the complainant and informed her to leave the matrimonial house. Accordingly, the complainant left the matrimonial house along with her belongings and also took her daughter with her. On the next day at about 7.30 am, petitioner allegedly called the complainant and asked her to come to his house as he intended to talk, accordingly the complainant went to the house of the petitioner along with her father. Petitioner allegedly requested the complainant to stay with him, but she refused and returned to her parents house. On 17/4/2023 at about 3.00 pm petitioner once again allegedly called the complainant seeking co-operation for filing mutual divorce petition and for the said purpose, complainant allegedly went to the house of the petitioner on 17/4/2023 along with her child and her father. At that time, petitioner allegedly forced the complainant to stay with him, but she had refused and when the father of the complainant tried to interfere, the petitioner abused him and also assaulted him causing fracture to the finger of his right hand. Petitioner also allegedly assaulted the mother of the complainant and she sustained bleeding injuries. Thereafter, they went to the hospital and took treatment and on the next day i.e., on 18/4/2023 at about 1.00 pm, complaint was lodged by Smt.Kavitha Sharma. Based on this, F.I.R. was registered against the petitioner in Crime No.87/2023. Apprehending his arrest in the said case, petitioner filed Crl.Misc.No.3974/2023 before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH-46), which was dismissed on 2/5/2023. It is under these circumstances, petitioner is before this Court.