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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Crl. Ptn No.__________/2014
IN THE COURT OF THE CITY CIVIL AND SESSIONS JUDGE
AT BANGALORE (FTC-11)
Crl.Misc.No.850/2014
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Crl. Ptn No.__________/2014
BETWEEN: RANK OF PARTIES
TRIAL COURT HIGH COURT
N.S.Raju,
S/o N.Somanna,
Aged about 31 years,
R/at No.B-687,
IISC Quarters,
Bangalore-560 012 1st Petitioner Petitioner
AND:
1. The State of Karnataka,
By Station House Officer,
Sadashivanagar Police Station,
Bangalore. - Respondents - 1st Respondents
2. The Station House Officer,
Ulsoor Gate Women Police Station,
Bangalore. - 2nd Respondents
MEMORANDUM OF CRIMINAL PETITION UNDER SECTION
438 OF CODE OF CRIMINAL PROCEDURE
The petitioner named above begs to state as follows:-
I. Address for Service:
The address of the petitioners for the purpose of
court notices and summons is as mentioned in the cause
title is correct. The summons of the petitioners may be
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served on their counsel M/s NAG ASSOCIATES, Rakshit
K.N, Mahesh. M, Advocates, No. 43/3, 1 st floor, Cottonpet
Main Road, Bangalore – 560053.
The address of the respondent for the similar
purpose is as mentioned in the cause title is correct.
I. Facts of the Case:
1. The petitioner is working as a HR in a private
organization at Bengaluru the marriage of the petitioner
was solemnized with Smt. Savitha @ Veda on 21-04-2013
at BWSSB Malleshwaram, Bangalore. The said marriage
was arranged by the elders of both the families. After
marriage the matrimonial home of the couple started in
the above address.
2. It is submitted that, the attitude of said Savitha the wife
of the Petitioner within a few days of marriage changed to
worst. She started behaving very arrogantly and harshly
towards her husband Petitioner and in-laws. She was
not co-operating in the house hold work and always went
against her husband’s wishes. In addition, there is
constant interference from her parental house asking her
to take the control over the house and to separate the
husband from the in laws and live in a different house.
Her parents and relatives constantly telephone her or
come to the husbands home to gain a great deal of
gratification from encouraging and provoking
arguments, quarrelling and hostility, and then watch
silently when the wife and husband and his family
engage in adversarial interaction and destructive conflict.
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3. Her primary objective of non- cooperation and invoking
fights and trouble was for power, control, domination and
subjugation. She wanted a control of finances, control of
the husband’s office timings, control over what to think
and so on. She was trying hard to manipulate the
petitioner through her emotions and threating to kill
herself if not agreed upon.
4. In order to save the marriage, the petitioner agreed to all
his wife’s demand to improve the marital life, such as
giving her the control and of staying away from his
parents, but sought time due to the financial instability
as the Petitioner started realizing that the only way to a
happy marriage lies is bowing to the whims of his wife and
agree with his wife’s every opinion and request without
complaint. In spite of agreeing to her demands, she still
continued to mentally torture him every day on trivial
matters. As he could not tolerate her mental torture, he
abandoned the idea of living separately from his parents
and sank into a deep depression with a fortnight. This
made his quality of life to dip from a relatively happy to
miserable marital life.
5. In spite of several panchayaths between the elders of
both the families neither her parents nor she changed
their attitude. Though in between she acted that she
changed herself and apologized the above named
petitioners for her rude and unacceptable behavior,
believing her, the petitioner agreed to continue the
relation to save the marriage. In spite of her parent’s
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unwarranted interference, the Petitioners continued to
accept her and took care of her like their own daughter.
The wife also went and filed a complainant against her
own parents in Sadashivanagar police station restraining
her parents from interfering into her marital life.
6. However, a few days back i.e., on 31-01-2014 she left her
matrimonial home at around six in the morning without
informing anybody at home while everyone were asleep.
Subsequently, she called the brother of the petitioner and
informed him that she is visiting her parent’s house and
would return by the end of day and asked them not to
worry about her. Her husband and in-laws waited till
8:30pm for her return, fearing something would go wrong
with her, they visited the Sadashivanagar police station
in the night asking them to help them to trace their
daughter in law. She and her parent’s in turn falsely
complained to the police stating that the husband and
in-laws were troubling her and hence she left to her
parent’s house.
7. Further, Veda’s family members are continuously calling
the petitioners and threatening them consistently with
false allegations of abuse and also are threatening to call
the police and make false allegations of abuse. In the
backdrop of the above developments the police of the
Sadashivanagar Police Station started giving phone calls
to the petitioner’s summoning him to the Police Station
and settle the matter with Smt. Savitha as per her wishes
and fancies and when they explained their inability the
police have threatened of sending the whole family
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behind bars and are trying to take the petitioner into
custody.
8. It is further submitted that, later the Sadashivanagar
Police have registered a case against the petitioner and
his family members for an offence punishable under
Section 498A of IPC and Section 3 and 4 of the D P Act in
Crime No. 18/2014 and this petitioner has filed a
anticipatory bail petition before the Hon’ble City Civil &
Sessions Court, Bengaluru in Crl. Misc. 850/2014
wherein the respondent police of Sadashivangar Police
have stated before the Hon’ble FTC – 11, that they have
transferred the case to the Ulsoorgate Women Police
Station and they are not empowered to proceed with the
matter and that bail application came to be rejected for
the reasons that the Ulsoor Gate Women Police Station
have not been made as a party to the said proceedings.
The copy of the said order is herewith produced at
Annexure – “A” for kind perusal of the Hon’ble Court.
9. Under these circumstances the petitioner is unable to
move near his residence or in the surrounding hence
being apprehension of his arrest the petitioner is
preferring this petition seeking pre-arrest protection in
respect of the complaint said to have been given by Smt.
Savitha @ Veda which is filed for an offence under
Section 498(A) Indian Penal Code and under Section 3 &
4 of the Dowry Prohibition Act before the jurisdictional
police of Sadashivanagar Police and now before Ulsoor
Gate Police Station, Bangalore.
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In the wake of the above facts and circumstances the
petitioner is having a bonafide strongest apprehension that the
respondent police are making hurried and hectic efforts to
take the petitioner into their custody and harass him and the
present petition is filed seeking the concession of the
anticipatory bail on the following amongst other,
GROUNDS
1. The petitioner is innocent and he has not committed any
offence.
2. The registration of the First Information Report is not at
all a condition precedent for seeking protection Under
Section 438 of Cr.P.C.
3. The offences alleged are non-bailable offences but not
punishable with any extreme penalty of death or
imprisonment for life.
4. The petitioner is a respectable person having good
reputation in the society and also in the community and
locality.
5. The petitioner has developed deep roots in the society
since he own movable and immovable properties and as
such there can be no apprehension of this petitioner
fleeing from the course of justice.
6. The petitioner is prepared to co – operate with the
investigation agency and undertake to be available for
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investigation, if he is shown as suspect of the
commission of the above non – bailable offences.
7. The petitioner is prepared to furnish adequate and
acceptable surety to ensure his availability as and when
required by the respondent police.
8. It is submitted that, the petitioner may kindly be
permitted to adduce the additional grounds if any at the
time of arguing the matter in the above case.
PRAYER
The petitioner most respectfully pray that, the Hon’ble
Court may kindly be pleased to grant pre arrest protection to
the petitioner by way of anticipatory bail under Section 438 of
Cr.P.C by issuing directions to respondent police i. e,
Sadashivanagar Police Station, Bengaluru that, “IN THE
EVENT OF THE ARREST OF THE PETITIONER IN RELATION
TO AN OFFENCE PUNISHABLE UNDER SECTION 498-A OF
I.P.C R/W SEC.3 AND 4 OF D P ACT ON THE BASIS OF THE
COMPLAINT GIVEN BY ONE SMT. SAVITHA @ VEDA IN
CRIME NO. 18 / 2014 OF SADASHIVANAGAR POLICE
STATION AND UNNUMBERED CRIME BEFORE THE
ULSOORGATE WOMEN POLICE STATION SHALL FORTHWITH
BE RELEASED ON BAIL”, in the interest of justice and equity.
Place: Bengaluru,
Date: 05/03/2014 Advocate for Petitioner
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Crl. Ptn No.__________/2014
BETWEEN
Sri N S Raju - Petitioner.
AND:
The State of Karnataka by
Sadashivanagar police Station,
And another - Respondents.
VERIFYING AFFIDAVIT
I, N.S.Raju S/o N.Somanna, Aged about 31 years, residing
at No.B-687, IISC Quarters, Bangalore-560 012, do hereby
solemnly affirm and states on oath as follows:-
1. I am the petitioner in the above case and I know the facts
of the case hence I am swearing to this affidavit.
2. I submit that the contents in the main petition may
kindly be read as part and parcel of this affidavit and the
same has been drafted under my instruction.
What is all stated above is true and correct to the best of
my knowledge, information and belief.
Place: Bangalore
Date:
Identified by me,
Deponent.
Advocate,
No. of Corrections:
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Crl. Ptn No.__________/2014
BETWEEN
Sri N S Raju - Petitioner.
AND:
The State of Karnataka by
Sadashivanagar police Station,
And another - Respondents.
LIST OF DOCUMENTS
1. The copy of the FIR along with complaint of the
informant.
2. The Certified copy of the order passed by the FTC – 11,
Bangalore in Crl. Misc No. 850/2014.
Place: Bangalore
Date: 05/03/2014 Advocate for Petitioner.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Crl. Ptn No.__________/2014
BETWEEN
Sri N S Raju - Petitioner.
AND:
The State of Karnataka by
Sadashivanagar police Station,
And another - Respondents.
INDEX
Sl. No. Particulars Pages CF/PF
1. MEMORANDUM OF CRIMINAL
PETITION UNDER SECTION 438 1-7
OF CODE OF CRIMINAL
PROCEDURE
2. List of Document 8
2. Annexure-A- The copy of the FIR 9-15
along with complaint of the
informant
3. Annexure-B- The Certified copy 16-20
of the order passed by the FTC –
11, Bangalore in Crl. Misc No.
850/2014.
3. Vakalathnama 21
4. I A No 1 for dispensation of 22-23
producing of certified copy of the
FIR & Complaint
5. Process memo along with -
Respondent Copy
Place: Bangalore (RAKSHIT K N)
Date: 05/03/2014 Advocate for Petitioner.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Crl. Ptn No.__________/2014
BETWEEN
Sri N S Raju - Petitioner.
AND:
The State of Karnataka by
Sadashivanagar police Station,
And another - Respondents
I.A. No.I
APPLICATION FOR DISPENSATION OF CERTIFIED COPY
The petitioner above named begs to apply that, for the
reasons sworn to in the accompanying memorandum of facts,
that the certified copy of judgment in FIR along with
Complaint in Crime No. 18/2018 on the file of VII A.C.M.M,
Bangalore city is not readily available and true Xerox copy of
the same is produced herewith and it is submitted that the
certified copy will be produced after it is available in the near
future and it is prayed that the Hon’ble Court may kindly be
pleased to dispense with the production of the certified copy at
this stage, in the interest of justice and equity.
Place: Bangalore,
Date: Advocate for Petitioner.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Crl. Ptn No.__________/2014
BETWEEN
Sri N S Raju - Petitioner.
AND:
The State of Karnataka by
Sadashivanagar police Station,
And another - Respondents
MEMORANDUM OF FACTS
I, Rakshit K N O/o M/s NAG ASSOCIATES, Advocates,
No. 43/4, 1st Floor, above Shruthi Graphics, Cottonpet Main
Road, Bangalore – 560 053, do hereby state on solemn
affirmation as under;
1. I submit to state that I am an associate advocate in M/s
Nag Associates and I have been practicing at Bangalore.
2. The Certified copy of the FIR along with Complaint in
Crime No. 18/2014 on the file of VII A.C.M.M, Bangalore
has been applied and the same is not yet furnished since
the copies are not readily available. The same is not
produced but a true Xerox copy is furnished along with
the main petition.
3. This memorandum of facts is submitted in support of the
application for dispensation of production of Certified
copy.
What is stated above is true and correct to the best of my
knowledge, information and belief.
Place: Bangalore,
Date: ADVOCATE.
