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Judgment
S Vishwajith Shetty, J
Accused No.1, in Crime No.312/2023 registered by Srinivasapura Police Station, Kolar, for the offence punishable under Sections 498A read with Section 34 of Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC') and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short hereinafter referred to as the 'DP Act') is before this Court seeking anticipatory bail under Section 438 of Cr.P.C.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
On the complaint of Smt.Roohi Taj, wife of the petitioner herein, Srinivasapura Police, Kolar had registered FIR in Crime No.312/2023 for the aforesaid offences against the petitioner on 06.09.2023.
Apprehending arrest in the said case, petitioner had filed Criminal Miscellaneous No.854/2023 which was rejected by the Court of I Additional Sessions Judge, Kolar on 09.10.2023. It is under these circumstances, the petitioner is before this Court.
The learned counsel for the petitioner reiterated the grounds urged in the petition and prays to allow the petition.
Per contra, learned High Court Government Pleader has seriously opposed the bail petition and prays for the dismissal of the petition.
The marriage of the petitioner and the complainant was solemnised on 26.07.2021. From the wedlock the couple have a girl child. It appears that after the marriage the relationship between the parties got strained. It is alleged in the complaint that after the complainant had given birth to the girl child the petitioner and his parents have not brought back the complainant back to their house. The prayer in the complaint is to advice the petitioner and his family members to take back the complainant otherwise to punish them. The alleged offences against the accused are triable by the Court of the Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of three years. Undisputedly, the petitioner has no other criminal antecedents. The material on record would go to show that no enquiry notice was issued to the accused persons after registration of FIR. Therefore, the apprehension of the petitioner appears to be justified.
Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail has to be answered affirmatively. Hence, the following:
ORDER
Criminal petition is allowed.
The respondent - Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.312/2023 registered by Srinivasapura Police Station, Kolar for the offences punishable under Sections 498A read with Section 34 of IPC and Sections 3 and 4 of DP Act , subject to the following conditions:
Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the concerned Court.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioner shall not tamper with the prosecution witness and shall co-operate with the Police for investigation and appear before them whenever called upon.
Petitioner shall not involve in similar offences in future.