(PER: HON'BLE JUSTICE J.M.KHAZI) Petitioner who is the sole accused has filed this petition under Section 438 of Code of Criminal Procedure (for short, ' Cr.P.C .') to grant him anticipatory bail in Crime No.159/2024 of Kalaghatagi Police Station for the offences punishable under Sections 323 , 354 , 498A , 504 and 506 of Indian Penal Code (for short, ' IPC ').

2. In support of his petition, petitioner has contended that he has not at all committed the alleged offences and he has been falsely implicated. The offences alleged are not punishable with death or imprisonment for life. He is having the responsibility of taking care of his parents. Petitioner is a permanent resident of the address given in the cause title. He is ready and willing to abide by any conditions that may be imposed and pray to allow the petition.

NC: 2024:KHC-D:10690 CRL.P No. 102231 of 2024

3. Learned High Court Government Pleader submitted oral objections stating that petitioner is the husband of complainant. Their marriage took place on 06.04.2015 and they are having three children. After one year of marriage for no reason petitioner started harassing and ill-treating the complainant. He used to abuse her in filthy language. Complainant is working as an Anganawadi Teacher and based on her salary she got petitioner loan of Rs.3,00,000/-, but he failed to repay the installments. When questioned, he used to abuse the complainant and in this background on 07.06.2024 at 2.00 p.m. petitioner abused, assaulted the complainant and tried to outrage her modesty. She was saved due to the intervention of Beebijan and Nagappa. While leaving the place, petitioner gave threat to her life. From the date of incident petitioner has absconded. His presence is required for investigation. If anticipatory bail is granted, petitioner may threaten or tamper with the witnesses. He may also abscond and pray to reject the petition.

NC: 2024:KHC-D:10690 CRL.P No. 102231 of 2024

4. Heard arguments and perused the records.

5. The undisputed facts are that complainant is none other than the wife of petitioner. They were married during 2015 and having three children. It is stated that petitioner is Poojari of a Temple, whereas complainant is working as an Anganawadi Teacher. It is alleged that after one year of marriage, petitioner started harassing and ill- treating the complainant. It appears complainant got him Rs.3,00,000/- by taking loan on the basis of her salary, but he has failed to repay the installments and when she questioned he used to quarrel with her.

6. Sofar as the present case is concerned, it is alleged that on 07.06.2024, he abused and assaulted the complainant and tried to outrage her modesty. One Beebijan who is working with the complainant and Nagappa intervened and rescued her. The Sessions Court has rejected the petition filed by the petitioner seeking anticipatory bail. Therefore, the petitioner has approached this Court. The natures of allegations made against the -5- NC: 2024:KHC-D:10690 CRL.P No. 102231 of 2024 petitioner are such that his custodial presence is not required for the purpose of recovery. The alleged offences are not exclusively punishable with death or imprisonment for life. Of course, there is apprehension that the petitioner may threaten or tamper with the witnessed, which may be overcome by imposing stringent conditions. For the above reasons, this Court is of the considered opinion that this is a fit case to grant anticipatory bail to the petitioner and accordingly, the following:

NC: 2024:KHC-D:10690 CRL.P No. 102231 of 2024

b) He shall appear before the Investigating Officer within a period of 15 days and execute the bail bond and offer surety.

c) He shall make himself available for the purpose of investigation as and when required and he shall co-operate with the investigation.

d) He shall furnish his residential address proof and shall inform the Investigating Officer/Court, if there is any change in the address.

e) He shall mark his attendance at the Jurisdictional Police Station once in 15 days till filing of the charge sheet.

f) He shall not tamper with the prosecution witnesses either directly or indirectly.

g) He shall not indulge in any criminal activities.

h) He shall be regular in attending the Court proceedings.

JUDGE CKK List No.: 1 Sl No.: 12