LAWS(KAR)-2023-2-426

NAVEEN GADAD Vs. STATE OF KARNATAKA

Decided On February 02, 2023
Naveen Gadad Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner-accused No.1 is before this Court seeking grant of anticipatory bail in Crime No.327/2022 of Basavanagudi Women Police Station, pending on the file of XXXVII ACMM, Bengaluru, registered for the offences punishable under Ss. 498(A), 504 and 307 of Indian Penal Code (for short 'IPC') and Sec. 4 of Dowry Prohibition Act, on the basis of the first information lodged by the informant- Smt. Chetana A.

(2.) Heard Sri. Ganesha N., learned Counsel for the petitioner and Sri. K.Rahul Rai, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned Counsel for the petitioner submitted that the petitioner is arrayed as accused No.1. He is innocent and law abiding citizen. He has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He is having reasonable apprehension of being arrested by the police. Therefore, he is before this Court. The informant has lodged the first information on 23/11/2022, making false allegations, alleging commission of the offence on 29/5/2022. There is inordinate delay in filing the complaint and the same has not been explained. The petitioner could not tolerate the cruelty meted out by the informant and filed a matrimonial case in M.C. No.6535/2022 seeking dissolution of the marriage. Thereafter, the informant filed an application seeking maintenance under Sec. 125 of Cr.P.C. and also filed a complaint under the Domestic Violence Act . Again not being satisfied with the same, she had also filed the present complaint without any basis. Learned counsel further submitted that the informant had gone to the extent of filing the missing complaint alleging that the petitioner is missing. Accused Nos.2 to 4 are the family members of the present petitioner and they are granted anticipatory bail. This petitioner is not required for custodial interrogation. He is not having any criminal antecedents. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and he is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition in the interest of justice.