Judgment:
1. Apprehending his arrest by Halasuru Gate Women Police Station, Bangalore City in connection with case registered in Crime No. 1/12 for the offences punishable under Sections 498-A and 506 IPC, the petitioner has presented this petition under Section 438 Cr.P.C. seeking the relief of anticipatory bail inter alia contending that he is innocent person and has not committed any of the offences alleged and that the allegations made in the complaint that he has married the complainant is false and there has been no relationship of husband and wife between him and the complainant and since the police have registered the case for non-bailable offences, he is likely to be arrested by the respondent-Police.
2. The petition is opposed by the respondent - State.
3. I have heard both sides. Perused the records made available.
4. According to the prosecution, on the basis of the complaint lodged by one Akshatha, daughter of Sathyamurthy, resident of Kalakere in Thirthahalli Taluk, Shimoga District on 2.1.2012, the aforesaid case came to be registered and investigation was taken up. The petitioner is the sole accused in the said case. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded.
5. Even from the contents of the complaint, it is prima facie clear that the complainant was married to one Raghavendra on 5.9.2006 and said wed lock was dissolved by a decree of divorce granted by the Civil Court on 8.6.2011. As per the complaint allegations, the marriage between the complainant and the petitioner was on 10.5.2010 in Shringeri without the knowledge of any other person. The reading of the complaint allegations do not prima facie attract the ingredients of offence under Section 498-A IPC. Having regard to the facts and circumstances of the case and the allegations made in the complaint, this Court is of the considered opinion that there are no reasonable grounds to believe that the petitioner is guilty of the offences alleged for which the respondent-Police have registered the case.
6. In the light of the allegations made in the complaint, this Court directed the prosecution to ascertain and report as to whether any other cases have been registered against this petitioner in any other Police Station. Pursuant to the said direction, the learned Government Pleader has produced a report from the Police Sub Inspector, Halasuru Gate Women Police Station dated 29.2.2012 to the effect that except the present one no other case has been registered against the petitioner in any other Police Station. In view of the above, the petitioner is entitled to the relief of anticipatory bail.
7. In the result, the petition is allowed. The respondent- Police are directed to release the petitioner herein on bail, in the event of his arrest in connection with Crime No. 1/12 of Halasuru Gate Women Police Station, Bangalore on his executing a personal bond for a sum of Rs.50,000/- with two sureties for the like-sum to the satisfaction of the Investigating Officer and also subject to further conditions that.
i) Upon such arrest and release, the petitioner shall appear before the Investigating Officer as and when so required and co-operate in the investigation of the case;
ii) The petitioner shall not indulge in any acts similar to the one alleged in the case and
iii) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner.