DURAGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is the sole accused has filed this petition under Sec. 438 of Criminal Procedure Code (for short, ' Cr.P.C ') to grant him anticipatory bail in Crime No.154/2023 for the offences punishable under Ss. 307, 326, 504 and 506 of Indian Penal Code (for short, ' IPC ').

(2.) In support of his petition, petitioner has contended that he has not committed alleged offences and he has been falsely implicated. Infact he has filed a complaint against the complainant i.e. his wife. As counter blast, his wife has filed a false complaint. He is doing lorry business and purchased properties in the joint name of himself and the complainant. If petitioner is arrested, it would seriously affect his relationship with the complainant. He is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

(3.) Learned High Court Government Pleader submitted oral objections stating that the petitioner is having illicit relationship with a woman and whenever complainant questioned the same petitioner used to assault her and also her relatives who would come to her rescue. On 27/6/2023 also a quarrel took place between them with regard to his illicit affair. Petitioner assaulted the complainant with chair and tried kill her by strangulating her neck. When her sisters Sushila, Sumitra, Mahadevi intervened, he also abused them and left the place. From the date of incident petitioner has absconded. His custodial presence is required for investigation. If he is released on bail, there is likelihood of petitioner threatening, tampering the witnesses and he may also abscond and prays to reject the petition.