LAWS(KAR)-2015-1-156

VIPIN NANDAN VARRIER Vs. STATE OF KARNATAKA

Decided On January 28, 2015
Vipin Nandan Varrier Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner is said to have been accused of offences punishable under Sections 494, 506 and 498A of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity), at the instance of his divorced wife, in case bearing Crime no.667/2014, said to have been registered by the Hebbagodi Police, Bangalore Rural District.

(2.) The petitioner is said to have approached the Court of the III Additional District and Sessions Judge, Bangalore Rural District, seeking anticipatory bail, as he was likely to be taken into custody in relation to the above case. The Court below is said to have granted anticipatory bail, while imposing certain conditions. One of the conditions was that the petitioner, in the event of his arrest and release by the Investigating Officer, shall surrender before the jurisdictional Court of the Magistrate and obtain regular bail. The petitioner is aggrieved by the said condition and has preferred this petition.

(3.) It is seen that this is not the first instance of the lower courts imposing such a condition in spite of the apex court having laid down clear guidelines as to the proper course of action for the courts in the matter of grant of anticipatory bail and the duration for which it is to be granted. It is hence necessary to restate the law as laid down in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, 2011 1 SCC 694.