-1- IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 9TI DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10254/2011 Between: Ashok S/o.Bhimappa Kotyal, Age 40 years, 0cc.: Agriculture, R/o.Jambaegi K.D., Tq.: Jamakhandi, District Bagalkot. Petitioner (By Sri. P.N.Hosamane & Sri. M.C.Hukkeri, Advocates And: State of Karnataka, PSI Savalagi Police Station, Reptd. by SPP High Court, Circuit Bench, Dharwad. Respondent (By Sri. Anand K. Navalagimath, HCGP for R-1) This Criminal Petition is filed under Section 438 of Cr.P.C. seeking to release the petitioner on bail in the event of his arrest in Savalagi P.S. Crime No.10/2011 for the offences punishable under Section 143, 147, 498A, 323, 504 and 506 R/w. Section 149 of IPC. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard the petitioner’s counsel Sri.P.N.Hosamane and Sri.M.C.Hukkeri and High Court Government Pleader for the State in respect of the anticipatory bail sought by the petitioner against whom and other accused 2 to 5 the case is registered in respect of the offences punishable under Sections 143, 147, 498(A) 323, 504, 506 read with Section 149 of the IPC. 2. The complaint allegations in short is that petitioner being the husband of the complainant Ningavva said to have illicit affair with one Rekha Madar and the complainant told the petitioner not to keep such relationship and in this connection the petitioner and others said to have given ill-treatment to the complainant. 3. The petitioners counsel submits that all the other accused A-2 to A-5 are granted bail by the trial Court and as regards illicit relationship is concerned this matter will have to be proved in the Court and at this stage except the said allegations, there are no other allegations made and in respect of the alleged cruelty on the complainant. When the -3- petitioner is married to the complainant and marriage is 7 years old, couple have got two children, committing of offence under Section 498(A) therefore does not arise and hence petitioner also be granted anticipatory bail. 4. On the other hand High Court Government Pleader submits that the petitioner is having relationship with another lady. 5. Having heard both sides and other accused having been granted anticipatory bail by the trial Court and the only allegation seems to be alleged illicit affair and this petitioner having illicit relationship with one Rekha Madar is a matter of evidence to be established. This petitioner can be granted anticipatory bail by imposing condition to safeguard the prosecution interest and hç can also be directed to be assist the police in the investigation and hence I pass the following order: ORDER i) In the event of arrest of petitioner in connection with Cr.No. 10/2011 of Savsilsigi Police Station, he shall be released on bail -4- subject to furnishing personal bond for 25,00O/- with two sureties for the likesum to the satisfaction of the arresting police officer. ii) He shall not tamper with the evidence and shall not give threat to the witnesses. iii) He shall appear before the investigating officer as and when they are called upon to do so and shall assist the investigating officer in the investigation. iv) He shall mark their attendance before the concerned Police Station, on every Saturday between 10.00 a.m and 5.00 p.m. till filing of the charge sheet. v) He shall not involve himself in like offences in future. Sd! jUDGE Vnp*